JOHN GITONGA NJERU V. TABITHA KAMWANGI

RULING OF THE COURT

The matter before us is a notice of motion made under rule 5 (2) (b) of the rules of this court seeking an order: -

“THAT the judgment and orders of the High court of Kenya made on the 24^th day of February 2006 in the High court civil Suit No. 304 of 2002 and any other proceedings based on the said order or otherwise and any other consequential orders and proceedings be stayed pending the hearing and determination of this appeal.”

The background to the application may be stated briefly:-

Tabitha Kamwangi (Tabitha), now said to be aged over 100 years and sickly, obtained leave and authority from the superior court to sue as next friend of one Mutegi Kanga (Mutegi). She was also the mother of Mutegi whom she asserted had been mentally unsound since his birth, was illiterate and of no fixed abode. It would appear from the suit filed on 23^rd February, 2001, the written statements of defence, and from the evidence on record, that a parcel of land known as Karingani/Ndagani/…