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Tinek Limited & Abdinoor Sheriff Ahmed v. National Land Commission, Chief Land Registrar, Registrar of Titles, Attorney General, Kenya National Highways Authority, Khalif Kurie Heris, Engen Kenya Limited & Peter Nzuki

(2020) JELR 94469 (CA)

Court of Appeal  •  Civil Application 124 of 2020  •  18 Dec 2020  •  Kenya

Coram
Milton Stephen Asike Makhandia, Jamila Mohammed, Sankale ole Kantai

Judgement

RULING OF THE COURT

In a Judgment delivered on 8th May, 2020, Angote, J., made an order of certiorari to remove to the court and quash the decision made by the 1st respondent (National Land Commission) and Gazette Notice No. 11714 published on 9th November, 2018 by the said respondent was quashed. The Judge further declared that title to Land Reference No. 337/1645 and subsequent titles L.R. Nos. 337/3821-3838 were null and void and were cancelled. A prayer that the 1st and 5th respondent’s (National Land Commission and Kenya National Highways Authority) be directed to enforce an award of Kshs.197,985,519 in respect of the said property L.R. No. 337/3838 was declined as was a prayer that the 1st applicant (Tinek Limited) be compensated for loss of the suit property.

In the Motion brought under rule 5(2) (b) of the Rules of this Court amongst other provisions of law it is prayed in the main that pending hearing and determination of the applicants’ intended appeal there be a stay of execu…

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