NTHIGA MUNYARI V. NJERU MUNYARI & PETER NJUE ITURO (SUING AS THE ADMINISTRATORS OF THE ESTATE OF ITURO KORUGARI)

RULING OF THE COURT

[1] On 21^st February, 2019 Angima, J. sitting in Embu issued a judgment that seems to favour the 1^st and 2^nd respondents in the following terms;

“a. It is hereby declared that the defendant is holding Title No Gaturi/Kithimu/431 or any subdivisions thereof on his own behalf and in trust of his siblings.

b. That the Defendant shall cause a portion of 6 acres to be excised from the suit property and transferred to his younger brother, Njeru Munyari. The excision shall, so far as practicable, take into account the portion of land currently occupied and developed by Njeru Munyari.

c. That in default of the defendant’s compliance, the Deputy Registrar of the court shall sign and execute all forms, mutations, documents to facilitate the transfer of 6 acres out of the suit property to Njeru Munyari.

d. Each party shall bear his own costs.”

[2] Aggrieved, Nthiga Munyari (applicant) filed a Notice of Appeal on the 26^th February, 2019 followed by the instant notice of motion dated…