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Violet Ndanu Mutinda & Kiema Mutinda v. Edward Njuguna Kangethe

(2014) JELR 94006 (CA)

Court of Appeal  •  Civil Application 74 of 2014 (UR 60/2014)  •  7 Nov 2014  •  Kenya

Philip Nyamu Waki, Jamila Mohammed, Stephen Gatembu Kairu



On 1st April 2014 the High Court (the Honourable Mr. Justice J. B. Havelock) found Violet Ndanu Mutinda, the 1st applicant, guilty of contempt of an order of that court given on 18th October 2012 requiring her and her husband the 2nd applicant to make monthly payments of Kshs. 80,000.00. As punishment, the court sentenced the 1st applicant to thirty days imprisonment. Aggrieved, the applicants lodged a notice of appeal on 2nd April 2014. On 11th April 2014, the applicants filed the present application under Rule 5 of the Rules of this Court to stay execution of those orders pending the hearing and determination of the intended appeal.


Edward Njuguna Kangethe, the respondent, filed suit in the High Court against the applicants and against the Board of Trustees National Social Security Fund seeking an order for specific performance to compel them to transfer the property known as Land Reference Number 12948/266, House Number 81 situated at Mountain View Estat…

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