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ELIZABETH WAIRIMU THIMBA, KENNETH MAITAMEI THIMBA & TERESEA WANJIRU THIMBA V. WINFRED NJOGU MBUTHIA, JAMES MUNENE THIMBA & MARY WANJIRU KARIMI

(2017) JELR 102469 (CA)

Court of Appeal  •  Civil Application 86 of 2016  •  24 Mar 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Wanjiru Karanja, George Benedict Maina Kariuki

Judgement

RULING OF THE COURT

1. On 25th February 2016, Messrs Elizabeth Wairimu Thimba, Kenneth Maitamei Thimba and Teresia Wanjiru Thimba (who are hereinafter referred to as “the applicants”) lodged in this Court an application by way of a notice of motion dated that day. The application sought an order of injunction against Messrs Wilfred Njogu Mbuthia, James Munene Thimba and Mary Wairimu Karimi (who are hereinafter referred to as “the respondents”). The applicants sought in the application an order to restrain the respondents from dealing with the land parcels known as Bahati/Wendo Block 2/60 (Ruguru Farm), Nakuru Municipality Block 26/13 and Nakuru Municipality Block 26/4 pending the hearing and determination of the applicants’ appeal against the decision of the High Court (Ndungu J) delivered on 16th February 2016 in a notice of motion by the applicants in H.C. Succession Cause No.81 of 2002 (in the Estate of the Late Teresia Wanjiru Wangera, deceased). The applicants also sought in the n…

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