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Star Transport Co. Ltd v. Ali Mwinyi Mvita

(2016) JELR 94951 (CA)

Court of Appeal  •  Civil Application 92 of 2016  •  1 Jul 2016  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

RULING OF THE COURT

By a judgment dated 11th March 2016, the High Court of Kenya at Mombasa (Emukule, J.), entered judgment in favour of the respondent, Ali Mwinyi Mvita, and ordered the applicant, Star Transport Co. Ltd to give vacant possession of the property known as Plot No. 1097/VI/MN (the suit property), to the respondent within 30 days and to pay him Kshs 21,300, being rent arrears and mesne profits of Kshs 20,000 per month with effect from 1st October 2008 until delivery of vacant possession. The learned judge also awarded the respondent costs of the suit.

Aggrieved by the judgment, the applicant lodged a notice of appeal on14th March 2016 and followed it up on 31st March 2016 with the Motion on Notice now before us, invoking the powers of this Court under rule 5(2) (b) of the Court of Appeal Rules and praying for an order of stay of execution of the decree of the High Court, pending the hearing and determination of its intended appeal. It is necessary to advert briefly to the …

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