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Suleiman Rahimtulla Omar & Zarina Suleiman Omar v. Musa Hersi Fahiye, Muhammed Omar, Republic of Somalia, Attorney General, Registrar of Titles & Commissioner of Lands

(2011) JELR 94255 (CA)

Court of Appeal  •  Civil Application 305 of 2010  •  3 Jun 2011  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Philip Nyamu Waki, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

In this application, brought under Rule 5 (2) (b) of this Court’s Rules, the applicants seek the following orders:

“1. THAT the court be pleased to grant a stay of execution of judgment delivered on 7th December, 2010 in Nairobi HCCC No. 1618 of 1995 and the resultant decree pending the hearing and determination of the Appellants’ intended appeal against the said judgment on terms as are fit and just in the circumstances.

2. IN THE ALTERNATIVE the court be pleased to order the 3rd Respondent to deposit in court or in a joint interest earning account held by the Applicants and the 3rd Respondents Advocates the sum of Kshs.400,000,000.00 or such other sum as may be found to reflect the present market value of LR No. 1870/111/ pending the hearing and determination of the intended Appeal from the Judgment and Decree delivered on 7th December, 2010 in Nairobi HCCC No. 1618 of 1995.3. THAT there be an injunction restraining the defendants, by themselves, their servants and …

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