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JOHN OLE KARIA
V.
AMOS MIRAU

(2002) JELR 103821 (CA)

Court of Appeal 22 Feb 2002 Kenya
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Case Details

Suit Number:Civil Application Nai 156 of 2001 (NKU 22/01)
Judges:Johnson Evan Gicheru JA Amrittal Bhagwanji Shah JA Samuel Elikana Ondari Bosire JA
Location:Nakuru
Other Citations:John Ole Karia v. Amos Mirau [2002]eKLR

RULING OF THE COURT

This is an application brought under rule 5 (2) (b) of the Rules of this Court whereby the applicant, John Ole Karia, seeks an order to stay the execution of the order made by the superior court (Ondeyo J) on 22nd March, 2001, whereby the learned Judge allowed the respondent's (the plaintiff in the suit) application for an interim injunction to restrain the applicant by himself, his agents and/or servants from entering, remaining or in any way interfering with a parcel of land known as NAKURU/KAPSITA/331 (the suit land) until the hearing and determination of Nakuru H.C.C.C. NO. 40 OF 2001.

The applicant claims to have a certificate of title to the suit land issued to him on 19th September, 2000, whereas the respondent claims to have a certificate of title to the same suit land issued to him on 19th June, 2000. The green card exhibited by the respondent in the superior court shows him to be the title-holder per entries numbered 4 and 5 thereon. From that green card it…

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