Henry Simon Nyangau v Edna Cherono Bore & 3 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITALE CIVIL CASE NO. 8 OF 2018 HENRY SIMON NYANGAU.....................................PLAINTIFF/APPLICANT VERSUS EDNA CHERONO BORE............................1ST DEFENDANT/RESPONDENT SPIRE BANK LTD......................................2ND DEFENDANT/RESPONDENT PAMPA CHERUSCARIA LTD..................3RD DEFENDANT/RESPONDENT JOSEPH M. GIKONYA T/A GARAM INVESTMENT AUCTIONEERS..............4TH DEFENDANT/RESPONDENT RULING 1. The application herein dated 14/8/2018 is the 3 rd one to be filed by the applicant to seek stay of sale of Land parcel No. Kitale Municipality Block 2116/1050 by the 2nd Respondent in realisation of its statutory power of sale. It further seeks stay pending an intended appeal. 2. I have perused the proceedings herein and specifically the lengthy decision of my brother in ELC court Judge Mwangi Njoroge dated 4/7/2017. Save for the prayer number (e) that the parties be granted 60 days to attempt an alternative settlement, I find the other issues raised by the applicant similar to these raised before Njoroge J. 3. For the above reasons I shall not waste much judicial time. Between July 2018 and todate, I presume that the applicant as well as the the 2nnd Respondent have made an attempt to settle the liability. 4. Having perused the pleadings herein I am inclined to dismiss the application herein dated 14/8/2018 with costs to the 2 nd, 3rd and 4th Respondents. The interim orders of injunction earlier issued are vacated. Delivered, signed and dated at Kitale this 29th day of October, 2018. ________________ H.K. CHEMITEI JUDGE 29/10/18 In the presence of: Karani for Applicant No appearance for Respondents

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