RULING OF THE COURT
The applicant’s Notice of Motion dated 27th July, 2020 said to be brought under Section 3(2), 3A and 3B of the Appellate Jurisdiction Act, Rules 1(2), 41 and 42 of the Court of Appeal Rules seeks the following orders:
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1. ...(spent)
2. That this Honourable Court grants stay of execution of its judgment delivered on 26th September, 2019 in Civil Appeal Number 110 of 2018 (Consolidated with Civil Appeal No. 111 of 2018) – Housing Finance Company of Kenya and 2 Others v. Samuel Kiti Lewa pending the hearing and determination of the application herein.
3. That this Honourable Court be pleased to recall, reopen, review and set aside the judgment and consequential orders delivered by this Honourable Court at Mombasa on 26th September, 2019 in Civil Appeal No. 110 of 2018 (Consolidated with Civil Appeal No. 111 of 2018) – Housing Finance Company of Kenya and 2 Others v. Samuel Kiti Lewa and subsequently dismiss and or strike out the appeal with costs.
4. That Costs of the appl…