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SYOMBUA MULI MUTUVA V. CHARLES A.K. MULELA

(2014) JELR 95387 (CA)

Court of Appeal  •  Civil Application 292 of 2013 (UR 212/2013)  •  17 Oct 2014  •  Kenya

Coram
Erastus Mwaniki Githinji, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

.This is an application mainly brought under Rule 1(2) and (4) of the Court of Appeal Rules for extension of the 90 days period fixed by the Court for filing of the record of appeal.

By a Rule 5(2) (b) application dated 25th October, 2013, and lodged in Court on 30th October 2013, the applicant herein sought orders of injunction to restrain the respondent from blocking the applicant’s access to, and from transferring, plots No. 3444 and 3445 in Katelembo Athian Mavuti Farmers and Ranching Co-operative Society Limited; an injunction restraining the respondent from transfering Plot No. 653 in the same Co-operative Society and pending the hearing of the application.

The applicant also sought a stay of execution of the decree of the High Court issued on 9th October 2013 pending the hearing and determination of an intended appeal from the said decree of the High Court.

By a Ruling dated 14th March 2014 this Court granted the orders of injunction as prayed pending the hearin…

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