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HAMISI KUTI WASIKE & 2 ORS
V.
EVANS ASAVA AMBASA

(2020) JELR 101681 (CA)

Court of Appeal 4 Dec 2020 Kenya
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Case Details

Suit Number:Civil Appeal (Application) 263 of 2019
Judges:Martha Karambu Koome, Daniel Kiio Musinga, Stephen Gatembu Kairu
Location:Kisumu
Other Citations:Hamisi Kuti Wasike & 2 others v. Evans Asava Ambasa [2020] eKLR

RULING OF THE COURT

1. This is an application for stay of execution of the judgment of N. Matheka, J. in Environment and Land Court (ELC), Case No. 49 of 2016 (O.S.) at Kakamega where the learned judge ordered the transfer of a parcel of land measuring 1.25 acres (the suit land) of land parcel No. Butsoso/Shikoti/14610 from the applicants to the respondent.

2. The respondent had filed the aforesaid suit claiming ownership on the basis that he had bought and occupied it adversely against the applicants.

3. In the judgment that was delivered on 24th September 2019, the trial court ruled in favour of the respondent and ordered the Deputy Registrar to execute the transfer documents within 90 days in the event that the applicants declined to execute them.

4. Being aggrieved by the aforesaid decision, the applicants preferred an appeal to this Court. Pending hearing of the appeal, the applicants urged the trial court to grant stay of execution of the judgment. That application was dismissed on …

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