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Jurgen Richard Quandt v. Cindy Terry Shepard, Ken Tadayo, Margaret Jebet Lagat (alias) Maggy Jebet & Johanne Chepkelion

(2020) JELR 100421 (CA)

Court of Appeal  •  Civil Application 30 of 2020  •  24 Jul 2020  •  Kenya

Coram
Hannah Magondi Okwengu, Daniel Kiio Musinga, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

In this application brought under rule 5(2) (b) of the Court of Appeal Rules, the applicant seeks a temporary injunction restraining the respondents their servants and agents or any other person from selling, transferring, alienating, charging, wasting, mortgaging, leasing, letting, giving as security, taking possession or in any way dealing with Land Parcel No. 9723 (the subject land) following a judgment delivered by the trial court delivered on 31st July 2017 which distributed the subject land to the applicant and other beneficiaries, pending hearing and determination of the application herein and the intended appeal.

The background to this application is that Guandt Achim Hurbetus (the deceased), died intestate on 22nd August 2015, and following his demise, Jurgen Richard Quandt (the applicant) filed for letters of administration in respect of the deceased’s estate in the Chief Magistrates’ court in Succession Cause No. 26 of 2017, in his capacity as his brother.…

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