JIM WACHIRA KABIRU V. SUSAN WANGUI KARANJA, STEPHEN ANTONY MWANGI & REGISTRAR OF TITLES NAIROBI

RULING OF THE COURT

By a motion on notice dated 24^th October 2014, and brought under Rules 1(2) and 5 (2) (b) of the Court of Appeal Rules, the applicant, who is an administrator of the estate of Joseph Wachira Kabiro (deceased), seeks orders of injunction to restrain the 1^st and 2^nd respondents from selling, charging, transferring, leasing or otherwise alienating or dealing with Land Reference No. 3777/279/116 pending appeal. He also seeks to restrain the 3^rd respondent from interfering with the applicant’s interest in the suit property and in particular from registering any transfer documents, leases, charges or other documents adverse to such interest.

The grounds on which the application is premised appear on the face of it as follows;

“A. THAT the applicant has an arguable appeal for the reasons inter alia that:-

(a) THAT the learned judge erred in law and in fact in finding that a transfer document purportedly signed by a deceased person after his death can pass a good title.

(b) THA…