MARGARET WACHEKE MUTUOTA V. JANE WANJIRU NGOTHO & 4 OTHERS

RULING OF THE COURT

This is an application under Rule 5 (2) (b) of the Court of Appeal Rules seeking two orders namely, firstly, stay of execution of the judgment of the superior court dated 16^th November, 2007, the resultant decree and any subsequent order pending determination of Civil Appeal No. 2 of 2008; and secondly, an order of injunction to restrain the respondents, their servants or agents from entering on land parcel No. Loc. 14/Kairo/381 or otherwise interfering with the applicant’s possession pending the determination of the said appeal.

The applicant and the 2^nd, 3^rd, 4^th and 5^th respondents are daughters of Mutuota Muchui, now deceased. The deceased was the registered proprietor of land parcel No. Loc.14/Kairu/381 comprising approximately 3.2 acres. He was survived by six daughters the applicant and the five respondents. Sometime in 1993 Priscilla Muthoni Thiongo (2^nd respondent) filed succession cause in the High Court at Nyeri being Probate and Administration No. 2 of 1…