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JEDIDAH WAMBUI KARANJA & 2 OTHERS
V.
PETER NDIRANGU KINUTHIA

(2014) JELR 101021 (CA)

Court of Appeal 30 May 2014 Kenya
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Case Details

Suit Number:Civil Application Nai 10 of 2014 (Ur.5/2014)
Judges:David Kenani Maraga JA John Wycliffe Mwera JA George Benedict Maina Kariuki JA
Location:Nairobi
Other Citations:Jedidah Wambui Karanja & 2 others v. Peter Ndirangu Kinuthia [2014] eKLR

RULING OF THE COURT

Though the applicants have not stated the legal provisions under which their notice of motion dated 28th January, 2014 is brought, it is clear to us that it is brought under Rule 5(2)(b) of the Court of Appeal Rules. It seeks a stay of execution of the decree arising from the judgment of Waweru, J delivered on 18th January, 2014 in Nairobi HCSC No. 1678 OF 2002.

Basing herself on the averment in the affidavit in support of the application, Jedidah Wambui Karanja, the 1st applicant submitted that together with the 2nd applicant and their families, she lives on the piece land known as Title No. Muguga/Gitaru/805(Plot No. 805) on which there are three buildings and the graves of their parents and siblings. If the stay they have sought is not granted, they will be evicted there from and thus suffer irreparable loss. She contends that Title No. Muguga/Gitaru/1705(Plot No. 1705) does not exist on the ground and that the plot in dispute is Plot No. 805.

In opposition to the …

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