JARED SAGINI KEENGWE V. WALTER ONCHWARI, EVALYNE ONCHWARI & NATIONAL SOCIAL SECURITY FUND

RULING OF THE COURT

By an application dated 20^th January, 2013 filed at the High Court of Kenya at Nairobi, Environment and Land Division, the applicant sought orders to restrain the 1^st and 2^nd respondents from disposing of the property known as Land Reference no. 189/5 situate at Nyayo Estate, Embakasi, hereinafter referred to as “the suit property”. The applicant also sought to restrain the 3^rd respondent from releasing the title documents of the suit property to the 1^st and 2^nd respondents the pending hearing and determination of the suit that he had filed seeking orders for specific performance.

In the affidavit sworn in support of the application, the applicant deponed that on 30^th November, 2010 he entered into a sale agreement with the 1^st respondent vide which he purchased from him the suit property at a price of Kshs.4 million which the applicant paid in full. The execution of the agreement was in the presence of the 2^nd respondent (the 1^st respondent’s wife) as well as one Gr…