Case Metadata |
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| Case Number: | Civil Appeal 27 of 2010 |
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| Parties: | TURIBU MBERIA,MUTUMA MBERIA & KAVIRIA M’BIRITHIA v MARGARET KIINGE |
| Date Delivered: | 13 Apr 2011 |
| Case Class: | Civil |
| Court: | High Court at Meru |
| Case Action: | Ruling |
| Judge(s): | Mary Muhanji Kasango |
| Citation: | TURIBU MBERIA & 2 Others v MARGARET KIINGE [2011] eKLR |
| Case Summary: | .. |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
IN THE HIGH COURT OF KENYA
AT MERU
RULING
The appellant filed his appeal against the judgment in CMCC Meru No. 983 of 1998 delivered on 3rd March 2010. The appellant by Notice of Motion dated 14th June 2010 seeks stay of execution of that judgment pending appeal. The appellants deponed in their supporting affidavit that their appeal has high chances of success. That if stay of execution is not granted the respondent will evict them from their commercial property. That the chief magistrate court by its judgment ordered the transfer into the respondent’s name parcel number Athinga/Athanga/5456 (whole) and 0.02 of parcel number Athinga/Athanga/5593. The application for stay of execution was opposed by the respondent and prayed in her replying affidavit that this court would order the parties to continue using the land they have been using pending appeal. The respondent argued to grant the orders of status quo may lead to her and her son’s eviction from the commercial property which is on the suit property. Having considered the application and having also considered the concession made by the respondent I grant the following orders:-
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