REPUBLIC OF KENYA

IN THE COURT OF APPEAL AT NAIROBI

CIVIL APPLICATION NO. NAI …….………………2023

BETWEEN

ELIZABETH MUGECHI MITATI...…….……………………….…………....… 1ST APPLICANT

FRANCIS NJUGUNA MITATI………………………………….…………….. 2ND APPLICANT
TERESIA NJOKI KAMAU………………………………….…….……..……….3RD APPLICANT

-AND-
JACINTA NJERI MITATI ………..……………………………………..………..RESPONDENT

(Application for stay of execution of the Judgement, delivered by the Honorable

Justice B. M. Eboso at the Environment and Land Court in Thika on the 3rd day of
July, 2023, pending the hearing of the Appeal)

IN

REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT THIKA
CIVIL APPEAL NO. 68 OF 2019

JACINTA NJERI MITATI...…………………………………….…………..……… APPELLANT

-VERSUS-

ELIZABETH MUGECHI MITATI...…….……………………….………....… 1ST RESPONDENT

FRANCIS NJUGUNA MITATI……………………………….…………….. 2ND RESPONDENT
TERESIA NJOKI KAMAU………………………………….………..……….3RD RESPONDENT

AFFIDAVIT OF SERVICE
I, Simon Mburu of P.O. Box 37930-00100 NAIROBI in the Republic of Kenya do
solemnly take oath and state as follows;

1. THAT I am an advocate in the Republic of Kenya and hence a duly authorized

process server of this Honorable Court.

2. THAT the 20th July 2023 I received a notice of motion dated 14th July 2023 with
instructions to serve the same on the Respondent herein.
 3. THAT I called the Respondent herein on her 0714-325317 and informed her that I
had some court documents that I had been instructed to serve upon her,
whereupon she informed me that she had an advocate from the firm of Ismael &
Co Advocates of Cell No 0721-783146 and was duly authorized to accept service
on her behalf.

4. THAT on the same day I called the said advocate by the name Ismael on his cell
phone from my number 0724-470251 to his phone as described above and he inturn
instructed me to serve the court pleadings via his email being
inishmael@yahoo.com.

5. THAT I logged into the email of kagomburulaw@gmail.com and duly effected

service upon the said advocate vide his email inishmael@yahoo.com at 11:07 AM
on the 20th July, 2023.

6. THAT I have annexed herein the email extract marked as “SM-1” as evidence of
the said service.

7. THAT what is stated to herein above is true to the best of my knowledge,

information and belief.

SWORN by the said SIMON MBURU ]

at Nairobi this 4th day of August 2023 ]
]
]
BEFORE ME ] DEPONENT
]
]
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COMMISSIONER FOR OATHS ]

DRAWN AND FILED BY: -

KAGO MBURU & ASSOCIATES,
S.K OFFICES, SUITE NO. D2
RHAPTA RD, WESTLANDS
P.O BOX 47737-00100,
NAIROBI.
Tel: +254 113206227
Email: kagomburulaw@gmail.com
info@kagomburulaw.com