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S M M ALIAS G S K ALIAS S S M V. C A. K. M ALIAS C A K M

(2014) JELR 95534 (CA)

Court of Appeal  •  Civil Application. Nai 292 of 2013  •  14 Mar 2014  •  Kenya

Coram
David Kenani Maraga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

The applicant seeks orders under Rule 5(2)(b) of the Rules of this Court to restrain the respondent from blocking the applicant’s access to plots [particulars withheld] and [particulars withheld] in Katelembo Athiani Mavuti Farmers and Ranching Cooperative Society Limited on which she claims their matrimonial home is situate or from disposing, transferring or dealing with the same. She also seeks to restrain the respondent from disposing, transferring charging or dealing with plot number [particulars withheld] also situate in Katelembo Athiani Mavuti Farmers and Ranching Cooperative Society Limited as well as an order to stay execution of the decree arising from the judgment of the High Court delivered on 9th October 2013 from which she intends to appeal to this Court pending the hearing and determination of the intended appeal.

Background

The applicant’s relationship with the respondent goes back to 1986 when she says she was employed by the respondent as a teacher i…

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