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MWONGERA MUGAMBI RINTURI & FESTUS GUANTAI MUGAMBI V. FLORENCE IMATHIU

(2014) JELR 104488 (CA)

Court of Appeal  •  Civil Application 5 of 2014  •  28 May 2014  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, James Otieno Odek, Stephen Gatembu Kairu

Judgement
<p class="ql-align-center">RULING OF THE COURT</p><p>Before us is a Notice of Motion application under certificate of urgency dated 18<sup>th</sup> February, 2014, brought pursuant to <em>Section 68 of the Land Registration Act and Rules 42 and 43 of the Court of Appeal Rules. </em>The applicants are seeking orders from this Court to stop and inhibit any dealings by the Sole Adminstratix with all the properties comprising of the estate of the deceased <em>“Paramenus Mugambi”</em> and in particular <em>Land Parcel No. NTIMA/IGOKI/943</em>, which has been sub-divided into nine (9) parcels namely Nos<em>. 8268-8276 – </em>until the determination of <em>Nyeri Civil Appeal no. 277 of 2010 </em>and <em>Civil Appeal No. 32 of 2013</em>.</p><p>In support of the application, the applicants state that there are two pending appeals before this Court challenging the judgment on distribution of the estate of Paramenus Mugambi vide <em>Civil Appeal No. 32 of 2013</em> and <em>Civil Appeal No. 277 of 2010</em>, challenging the ruling that appointed the respondent as the adminstratix of the estate of the deceased.</p><p>The gene…</p>

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