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TIMEOH S. MASINJILA v. GIDEON MASINJILA

(2012) JELR 93885 (CA)

Court of Appeal  •  Civil Application 30 of 2012  •  10 Oct 2012  •  Kenya

Coram
John walter Onyango Otieno, Wanjiru Karanja

Judgement

RULING OF THE COURT

1. TIMEOH S. MASINJILA (the applicant) filed this application under Rule 5(2) (b) of the Court of Appeal Rules seeking for an order of stay of execution of the decree in HCCC No. 93 of 2006 pending the hearing and determination of his intended appeal. The decree sought to be stayed is from the judgment of Kimaru, J. delivered on 16th May 2011, in which the learned Judge made the following orders:

“ (i) This Court declares that, the applicant is the owner of 12.6 acres of the parcel of land known as Butsotso/Shikoti/1934 having occupied the same for a period of more than twelve (12) years peacefully, continuously and without any interruption.

(ii) The respondent is hereby declared to be the owner of the parcel of land known as Idakho/Shikulu/975.

(iii) The respondent is entitled to 3.1 acres in parcel No. Butsotso/Shikoti/1934. This acreage shall be hived off and excised from the suit parcel of land and transferred to the respondent.

(iv) The respondent shall refund to…

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