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FREEDOM LIMITED
V.
OMAR AWADH MBARAK

(2024) JELR 112235 (SC)

Supreme Court 26 Jul 2024 Kenya
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- The dispute centered on competing claims of ownership to Plot Number 1948 (Original Number 412/10) Section V Mainland North; the applicant asserted indefeasible title acquired in 2010, while the respondent claimed under a prior purchase b

Case Details

Suit Number:APPLICATION NO. E014 OF 2024
Judges:Mwilu, DCJ & VP Ibrahim, SCJ Njoki, SCJ Lenaola, SCJ Ouko, SCJ
Counsel:Anjarwalla & Khanna for the Applicant Muturi Gakuo & Kibara & Co. Advocates for the Respondent

RULING OF THE COURT

[1]   UPON CONSIDERING the Petition of Appeal No. E009 of 2024 dated 20th March 2024 and filed on even date which is brought pursuant to Article 163 (4) (a) of the Constitution, Section 3A of the Supreme Court Act, CAP 9B of 2011, Rules 3 (5), 31 (1) (a) & (2) and 38 of the Supreme Court Rules, 2020 and Paragraph 34 of the Supreme Court (General) Practice Directions, 2020 in which the Applicant challenges the entire Judgment of the Court of Appeal delivered on the 23rd February 2024 and the resultant Order subsequently issued on 5th March 2024 in Civil Appeal No. E028 of 2022; and

[2]   UPON PERUSING the Notice of Motion dated 22nd March 2024 and filed on even date which is the subject of this Ruling and brought pursuant to Sections 3A, 23A and 24 of the Supreme Court Act, CAP 9B of 2011 and Rules 3 (5) and 31(6) of the Supreme Court Rules, 2020, wherein the applicant seeks an order of stay of execution of the said Judgment and Order pending the hearing and determina…

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