CHARLES GICHINA MWANGI vs HENRY MUKORA MWANGI [2000] KECA 338 (KLR)

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, LAKHA & BOSIRE, JJ.A.) CIVIL APPLICATION NO. NAI. 282 OF 1999 (103/99UR) BETWEEN CHARLES GICHINA MWANGI ................................. APPLICANT AND HENRY MUKORA MWANGI .................................... RESPONDENT

(Application for stay of execution in an intended appeal from a Judgment and

Decree of the High Court of Kenya at Nairobi (Lady Justice Owuor) dated

25th June, 1998

in

H.C.C.A. NO. 128 OF 1992)

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RULING OF THE COURT

This is an application for a stay of execution of judgment of the superior court given on 25 June 1998 in Civil Appeal No. 128 of 1992. There was no valid or any order for a stay of execution. The respondent completed the process of sub-division and obtained a fresh Title Deed on 30 August, 1999. In the circumstances there is nothing to stay. That being the position, the application for stay must be, as it hereby is, dismissed with costs.

Dated and delivered at Nairobi this 19th day of January, 2000.

R.S.C. OMOLO

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JUDGE OF APPEAL

A.A. LAKHA

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JUDGE OF APPEAL

S.E.O. BOSIRE

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JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR