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CHARLES ONDIEK AWUOR & ANOR.
V.
JACOB ODHIAMBO OTIENO

(2020) JELR 97947 (CA)

Court of Appeal 7 Aug 2020 Kenya
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Case Details

Suit Number:Civil Application 159 of 2019
Judges:Fatuma sichale, Agnes Kalekye Murgor, Stephen Gatembu Kairu
Location:Kisumu
Other Citations:Charles Ondiek Awuor & another v. Jacob Odhiambo Otieno [2020] eKLR

RULING OF THE COURT

By a Notice of Motion dated 10th December 2019, the applicants Charles Ondiek Awuor and Sospeter Onyango Awuor sought an order staying all proceedings further to the judgment of the High Court (Cherere, J) dated 27th June, 2019 pending the hearing and determination of this application and the intended appeal. Also sought was an injunction to restrain the respondent either by himself, his servants or agents or anyone whomsoever claiming title or acting on his behalf from remaining in, occupying, continuing to occupy or doing any act on land parcel known as Kisumu/Wangaya 1/1954, Kisumu/Wangaya 1/1957 and Kisumu/Wangaya 1/2555 (the suit properties) pending the hearing and determination of this application and the intended appeal.

The application was premised on the grounds that the intended appeal will be rendered nugatory and that the applicants would suffer substantial loss if the application that they had brought without undue delay was not allowed; that conversely,…

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