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WALTER KABETU BACHA, JAMES KARIKO BACHA, LEONARD KINUTHIA BACHA, HARRY BACHA NJUGUNA & MATHEW NJOROGE BACHA v. LANDS DISPUTE TRIBUNAL KIAMBU WEST & SENIOR RESIDENT MAGISTRATE'S COURT KIKUYU

(2009) JELR 94691 (CA)

Court of Appeal  •  Civil Appli. 89 of 2009 (UR. 55/2009)  •  3 Jul 2009  •  Kenya

Coram
Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

This is an application under Rule 5 (2) (b) of the Court of Appeal Rules for an order that the Court be pleased to:

“...... grant a stay of any further proceedings in any court in this Republic and or the execution of the 1st respondent’s decision dated 23rd May, 2008 ordering the excision of one acre from the parcel known as Kabete/Kibichiku/49 pending the hearing and determination of the appeal against the ruling of the superior court of 10th December, 2008”.

The applicants intend to appeal against the decision of the superior court (Osiemo J.) in High Court Miscellaneous Application No. J.R. ELC. No.88 of 2008 dated 10th December, 2008 whereby the superior court dismissed an ex parte application seeking leave to apply for judicial review orders of certiorari and prohibition.

The five applicants are sons of Ernest Bacha Kibinu (Ernest) who died sometime in 1988. The respondent Hottensiah Millicent Kibinu (Hottensiah) is the widow of Lewis Kibinu Bacha, the eldest son…

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