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Julius Gichuki Gichuhi (by substitution and being a legal representative of the estate of the late Gichuhi Kimira) v. Samuel Ngunu Kimotho, Loise Wairimu Mugweru, Ruth Wanjiru Mugweru & Winiie Wangu Mugweru (by substitution and being the administrators of the estate of the late Maaka Mukuhi Mugweru)

(2019) JELR 100475 (CA)

Court of Appeal  •  Civil Application 277 of 2018  •  22 Feb 2019  •  Kenya

Coram
Philip Nyamu Waki, Mohammed Abdullahi Warsame, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

This is a notice of motion dated 26th September, 2018, brought under the provisions of Rules 5(2) (b) and 42 of the rules of this Court. The application has been brought by the intended appellant, JULIUS GICHUKI GICHUHI (the applicant) against SAMUEL NGUNU KIMOTHO (the 1st respondent) and LOISE WAIRIMU, MUGWERU RUTH WANJIRU MUGWERU and WINIIE WANGU MUGWERU, who are the administrators of the estate of the late MAAKA MUKUHI MUGWERU (the 2nd respondent). The application seeks an injunction against the respondents restraining them from in any way interfering with all that parcel of land known as L.R. Number 13041 (suit property) pending the hearing and final determination of an intended appeal. The application is premised on eight grounds set out on the face of the application and is supported by an affidavit sworn by the applicant. The 2nd respondent filed a relying affidavit in response to the application.

A brief background of this application is that on 26th Septembe…

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