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PRISCILLA WAMBUI MATHENGE
V.
MARY WAIRIMU MATHENGE & ANOTHER

(2020) JELR 93228 (CA)

Court of Appeal 4 Dec 2020 Kenya
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Case Details

Suit Number:Civil Application 51 of 2020
Judges:Daniel Kiio Musinga, Milton Stephen Asike Makhandia, Agnes Kalekye Murgor
Location:Nyeri
Other Citations:Priscilla Wambui Mathenge v. Mary Wairimu Mathenge & another [2020] eKLR

RULING OF THE COURT

Before us is a notice of motion application dated 12th June, 2020 in which the applicant prays for an injunction to restrain the respondents by their servants or agents from interfering with the applicant’s quiet possession and enjoyment of all that piece or parcel of land known as LR MWERUA/KAGIOINI/881 hereinafter, “the suit land” and an order for stay of proceedings in Baricho SPMCC No. 25 of 2019 pending the hearing and determination of this application and the intended appeal from the ruling of the High Court (L.W. Gitari, J.) delivered on 29th May, 2020.

The application is brought under Rule 5(2) (b) of the Court of Appeal Rules and Sections 3A and 3B of the Appellate Jurisdiction Act. The application is premised on the grounds that; the applicant was dissatisfied with the judgment of the High Court dated 15th July, 2019 and so she lodged an appeal on 29th July, 2019 against the said judgment. The applicant had filed an application for revocation of grant but a…

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