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JUDITH WANJIRU NJENGA
V.
MASTO HOLDINGS LIMITED & 5 ORS

(2024) JELR 112622 (SC)

Supreme Court 18 Oct 2024 Kenya
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- The applicant sought a stay of execution and injunctive relief from the Supreme Court to prevent eviction from L.R. No. 209/522/2 (her alleged matrimonial home) pending determination of her application for certification to appeal to the S

Case Details

Suit Number:Application No. E020 of 2024
Judges:M.K Koome, CJ & P M.K Ibrahim, SCJ S.C Wanjala, SCJ N. Ndungu, SCJ I. Lenaola, SCJ
Counsel:Mr. Mbichire for the Applicant (Mbichire & Company Advocates) Dr. Muthomi Thiankolu for the 1st Respondent (Muthomi & Karanja Advocates) Mr. William Muthee for the Interested Party (TripleOK Law LLP Advocates)

RULING OF THE COURT

[1]  UPON READING the Motion dated 19th June, 2024 and filed on 25th June, 2024 by the applicant, pursuant to Articles 47, 48, 50, 163(4)(b) of the Constitution, Section 3, 3A and 23A of the Supreme Court Act, Rule 32 of the Supreme Court Rules, 2020 seeking the following orders:

  1. THAT this Honourable Court be pleased to grant a stay of execution of the Judgment of the Court of Appeal at Nairobi delivered on the 26th April, 2024 by Honourable Justices F. Tuiyott, L. Achode and M. Gachoka JJ.A in Civil Appeal No. 632 of 2019 MastroHoldings Ltd. Vs. Judith Njenga & 4 Others pending the determination of the Certification Application filed in Civil Application SUP. No. E010 of 2024 before the Court of Appeal;

  2. THAT this Honourable Court be pleased to issue a temporary injunction restraining the 1st respondent, its members, its agents, servants, employees and/or representatives from entering, taking possession of and in any other manner interfering with the suit property nam…

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