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Shaban Oduki Wanyama v. Mumias Sugar Company Limited & Idd Wamboko Wechuli

(2020) JELR 93361 (CA)

Court of Appeal  •  Civil Application 127 of 2019  •  4 Dec 2020  •  Kenya

Coram
William Ouko, Sankale ole Kantai, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

By a judgment dated 9th May, 2019, the Environment and Land Court (Matheka, J.), declared that property known as L.R No. BUNYALA/NAMBACHA/725 belonged to the 2nd respondent’s father who is deceased. The effect of that determination was that the applicant had no color of right to remain on the suit land, measuring 2.5 acres on account that it had been purchased by the 2nd respondent’s deceased father. As a result, the Judge ordered the applicant and his family to vacate it within six (6) months of the date of that judgment.

Naturally, this aggrieved the applicant who has challenged it on appeal to this Court. In the meantime, he has filed this application pursuant to Rule 5(2)(b) of this Court’s Rules seeking that we stay the execution of the decree of the impugned judgment, contending that he has an arguable appeal, demonstrated in his memorandum of appeal, according to which the learned Judge erred for: finding that the 2nd respondent’s deceased father purchased 2.5…

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