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Ruth Wanjiru Mukunga v. Florence Wairimu Nduru, Stephen Gakure Kimaiti & Isaac Mutuku Gachogu

(2020) JELR 94973 (CA)

Court of Appeal  •  Civil Application E 211 of 2020  •  23 Oct 2020  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Fatuma sichale



The applicant, Ruth Wanjiru Mukunga filed a Notice of Motion dated 30th July, 2020, said to be brought under Rules 5(2)(b), 20(b), 41, 42 and 47 (1),(2),(3) and (4) of the Court of Appeal Rules and all other enabling provisions of the law. She sought inter alia, the following orders:

“1. ... (spent)

2. That this Honourable Court be pleased to issue orders of stay of execution restraining the 1st respondent, her agents, Assignees and or servants from executing the judgment and the decree of the trial Court in ELC No. 406 of 2017 (Formerly NRB ELC No. 533 of 2012), Judgment of the Honourable Lady Justice L. Gacheru delivered on the 16th of July, 2020, until the intended appeal is heard and determined, with the consequence that the applicant remain in the suit premises herein known as Land Parcel No. Ruiru/Kiu Block 2 /3723, which is subdivided to numbers Ruiru Block 2/10070 -10081 which premises have been the home of the applicant for the last thirteen years, from 2007 …

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