BETH KAARI & PRUDENCE MUKIRI V. M'NYERI M'RIMUNYA

JUDGMENT OF THE COURT

The suit property in this appeal is land parcel NO. KARINGANI/MUIRU/1749 which was acquired by the respondent in a public auction and registered in his name on 18^th February 2003. Prior to this date, the suit property was registered in the name of M’Ingentu M’Mwereria (now deceased) on 8^th December 1994 who was the husband to the 2^nd appellant and father to the 1^st appellant.

The deceased was indebted to a third party who filed suit against him in Meru HC Civil Suit No. 147 of 1987. The deceased paid the debt but did not settle the costs of the suit. The deceased died on 3^rd October 1998 and after his death, the decree holder in Meru HCC No. 147 of 1987, initiated execution proceedings to recover the costs of the suit. Subsequently, a public auction was held in which the deceased property being land parcel no. KARINGANI/MUIRU/1749 was auctioned to recover the costs of Meru HC Civil Case No. 147 of 1987. The respondent was declared the highest bidder and the suit pr…