JANE MUKOMPURIA MWORIA V. MARGARET MUKOMUNENE

RULING OF THE COURT

This is an application by Jane Mukompuria Mworia (Jane) under Rule 5 (2) (b) of the Court of Appeal Rules (Rules) for three orders, namely, a stay of any further proceedings in Meru Succession Cause No. 139 of 1998 pending filing and determination of an intended appeal, an order for maintenance of status quo of land title No. Ntima/Igoki/461 which was sub-divided into sub-titles – Ntima/Igoki/6037, 6038, 6039 and 6040; and lastly an order that the inhibition given by Chief Magistrate/Deputy Registrar, Meru on 4^th October, 1999 be maintained in the register.

The applicant is the widow of one Mworia Rutere alias Mworia M’Rutere (Mworia) who died on 11^th December, 1999. Mworia the applicant’s husband was the brother to Justus Kiruma Rutere (Justus) and Misheck Ngurwe.

Justus was the registered owner of land title Ntima/Igoki/461. He later died in Gilgil. Upon his death Margaret Mukomunene (Margaret) the respondent filed High Court, Meru Succession Cause No. 139 of 1998 s…