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Stephen Mkare Mulewa v. Linda Newman

(2015) JELR 95799 (CA)

Court of Appeal  •  Civil Application 25 of 2013  •  27 Feb 2015  •  Kenya

Roselyn Naliaka Nambuye, Hannah Magondi Okwengu, Patrick Omwenga Kiage



[1] By a Notice of Motion dated 4th November, 2013, Stephen Mkare Mulewa (hereinafter referred to as the applicant), has moved this court under section 3,3A and 3B of the Appellate Jurisdiction Act; and Rules 4, 5(2)(b) and 29(1 )(a) (b) of the Court of Appeal Rules. The substantive orders sought in the motion are basically three and may be summarized as follows:

Orders of stay of execution of Judgment and Decree issued on the 19th April, 2003 in the Land Case No. 21 of 2011 at the High Court in Malindi, pending the hearing and determination of an appeal that the applicant has filed against the judgment.

An order of injunction restraining Linda Newman (hereinafter referred to as the respondent), from selling, disposing, transferring, or dealing with the records of registration of ownership of all that property known as Plot No. 815 (original No. 814/2) as delineated on Land survey plan No. 201940 grant No. CR.27979/3 at Watamu (hereinafter referred to as the suit pro…

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