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Tabitha Wothaya Ndigirigi v. Mohammed Mutuku Mutisya Nzioka, Joseph Machuka Okaru, Maima Nyakinywa Mohammed, Joyce Teresa Akinyi Ochieng & Richard Kabiru Ngunjiri

(2019) JELR 94830 (CA)

Court of Appeal  •  Civil Application 336 of 2018  •  22 Nov 2019  •  Kenya

Coram
Martha Karambu Koome, Roselyn Naliaka Nambuye, Hannah Magondi Okwengu

Judgement

RULING OF THE COURT

[1] By a notice of motion dated 16th November, 2018, Tabitha Wothaya Ndigirigi, the applicant filed this motion seeking an order of stay of execution of the judgment and decree dated 11th October 2018 inNairobi, ELC Case No. 301 of 2010 as consolidated with Case No. 369 of 2011 (K. Bor, J) pending the hearing and determination of the applicant’s intended appeal.

[2] The trial Judge had ruled in the judgment that the disputed land known as L.R No. 209/12734 (suit property), belongs to Richard Kariru Ngunjiri (5th respondent) who was the 5th defendant in the suit, and that the applicant who was the plaintiff in the suit had failed to prove any fraud or misrepresentation. In addition, the trial judge ordered the 1st and 2nd respondents who were the applicant’s partners to pay the applicant a sum of Kshs.1,500,000/- as well as Kshs.500,000/-, as damages. The applicant who has filed a Notice of Appeal against the said judgment, now seeks an order to stay execution of the …

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