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Maureen Waithera Mwenje & Eric Kamau Mwenje (Suing as Administrators of the Estate of the Late David Mwenje) v. David Kinyanjui Njenga, Monica Wangui Njenga & Grace Njeri Njenga

(2014) JELR 99201 (CA)

Court of Appeal  •  Civil Application 41 of 2011  •  7 Nov 2014  •  Kenya

Coram
Philip Nyamu Waki, Jamila Mohammed, Kathurima M'inoti

Judgement

RULING OF THE COURT

Before us is a Notice of Motion dated 17th February, 2011 brought pursuant to Rules 5(2)(b), 42, 47 and 49(1) of the Court of Appeal Rules [the Rules] seeking inter alia a temporary injunction and stay of execution of the ruling and order dated 15th December, 2010 in Nairobi HCCC No. 243 of 2009 pending the hearing and determination of the intended appeal.

Background

The genesis of this application is that the applicants sued the respondents by way of originating summons, seeking a declaration that they were entitled to properties L.R Nos. 10060/8, 10060/9 and 10060/12 (suit properties) which their father, DAVID MWENJE (deceased) and themselves have been in adverse possession of since 1992, having lived thereon without any interruption for over twelve [12] years; an order of permanent injunction restraining the applicants from evicting them, levying distress, alienating, transferring, disposing or in any manner interfering with the suit properties; a declaration that …

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