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Wakiha Muchungu v. Zacharia Muchungu Njoroge, Tabitha Wanja Njorog - Personal Representatives of the estate of Njoroge Muchungu (Deceased) & Attorney General

(2020) JELR 94230 (CA)

Court of Appeal  •  Civil Application 327 of 2019  •  7 Feb 2020  •  Kenya

Coram
Roselyn Naliaka Nambuye, Sankale ole Kantai, Kathurima M'inoti

Judgement

RULING OF THE COURT

By Notice of Motion brought under rule 5 (2) (b) of the rules of this Court we are asked to grant a stay of execution of the judgment of ELC Civil Case No. 5860 of 1993 delivered on 27th June, 2019 pending hearing and determination of this application and of an intended appeal. In the grounds in support of the Motion and in a supporting affidavit of the applicant (Wakiha Mucungu) it is said amongst other things that the applicant has been in possession and occupation of a parcel of land L.R. No. Limuru/Rironi 171 (subdivided to make L.R. No. Limuru/Rironi/999 and 1000) (“hereinafter “the suit land”) from “between” 1958 and 1978; that the Environment and Land Court had in the said judgment ordered that the applicant be evicted from the suit land; that the applicant and his large family have no other land to move to; that the judgment of Environment and Land Court should be stayed and that the 1st respondent Zachariah Muchungu Njoroge and Tabitha Wanja Njoroge have ne…

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