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RUTH WANJIRU MUKUNGA
V.
FLORENCE WAIRIMU NDURU & 2 ORS.

(2020) JELR 94973 (CA)

Court of Appeal 23 Oct 2020 Kenya
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Case Details

Suit Number:Civil Application E 211 of 2020
Judges:Milton Stephen Asike Makhandia, William Ouko, Fatuma sichale
Location:Nairobi
Other Citations:Ruth Wanjiru Mukunga v. Florence Wairimu Nduru & 2 others [2020] eKLR

RULING OF THE COURT

The applicant, Ruth Wanjiru Mukunga filed a Notice of Motion dated 30th July, 2020, said to be brought under Rules 5(2)(b), 20(b), 41, 42 and 47 (1),(2),(3) and (4) of the Court of Appeal Rules and all other enabling provisions of the law. She sought inter alia, the following orders:

“1. ... (spent)

2. That this Honourable Court be pleased to issue orders of stay of execution restraining the 1st respondent, her agents, Assignees and or servants from executing the judgment and the decree of the trial Court in ELC No. 406 of 2017 (Formerly NRB ELC No. 533 of 2012), Judgment of the Honourable Lady Justice L. Gacheru delivered on the 16th of July, 2020, until the intended appeal is heard and determined, with the consequence that the applicant remain in the suit premises herein known as Land Parcel No. Ruiru/Kiu Block 2 /3723, which is subdivided to numbers Ruiru Block 2/10070 -10081 which premises have been the home of the applicant for the last thirteen years, from 2007 …

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