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John Musyoka Musembi (suing as the legal representative of the estate of Nason Musembi Musomba (Deceased) v. Henry Muli Kisenga

(2015) JELR 105170 (CA)

Court of Appeal  •  Civil Appeal 95 of 2012  •  6 Nov 2015  •  Kenya

Martha Karambu Koome, Mohammed Abdullahi Warsame, George Benedict Maina Kariuki



The appellant and his brother entered into a sale agreement with the respondent in respect of the property known as Machakos/Konza/North Block1/1125 (the suit property) which on 1st April 1992, was registered in the name of Nason Musembi Musomba, the deceased. The respondent paid the full purchase price and took possession of the suit property. Later, intent on recovering the title to the suit property from the respondent, the appellant filed suit against him; that suit is still pending in the High Court. The appellant also filed an application for an order of injunction to bar the respondent from any dealings with the suit property pending the hearing and determination of the suit.

The appellant alleged that neither he nor his brother had any legal capacity to deal with their deceased father’s estate as neither of them held a grant to the estate, and that the sale agreement entered into by the parties had become void for failure to comply with sections 6 and 7 of …

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