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CHARLES AKELO ONG'WEN
V.
BEATRICE MUTHIO NZIOKA

(2019) JELR 103313 (CA)

Court of Appeal 19 Jul 2019 Kenya
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Case Details

Suit Number:Civil Application 122 of 2019 (Ur 116/ 2019)
Judges:Martha Karambu Koome JA, James Otieno Odek JA, Fatuma sichale JA
Location:Nairobi
Other Citations:Charles Akelo Ong'wen v. Beatrice Muthio Nzioka [2019] eKLR

RULING OF THE COURT

[1] At the centre of the dispute before the High court was a row over a property known as Nairobi/Block 140/40/70 Unit 70 Nyayo Estate Embakasi (suit property). The application by way of a Notice of Motion before us dated 15th April, 2019 seeks primarily an order of stay of execution of the judgment dated 8th December, 2014 by Nyamweya, J., pending the hearing and determination of the intended appeal.

[2] A brief background of the matter is that Charles Akelo Ong’wen (applicant) entered into a tenant purchase agreement over the suit property with the (NSSF) March, 2000 at a purchase price of Ksh. 2,250,000 to be paid in instalments. The applicant subsequently entered into another agreement with Beatrice Muthio Nzioki (respondent) on 23rd January, 2001 to sell the same suit property at an agreed price of Ksh. 3,520.000 out of which the applicant was paid a deposit of Ksh. 777,000 at the execution of the agreement. The balance was to be paid on completion and the respo…

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