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Peris Nyiha Kang'ethe, Jane Wanjiku Kang'ethe, Njeri Kang'ethe & Manases Kihiu Kang'ethe (Suing as the Administrators of the Estate of the Late Serah Njeri Kang'ethe) v. Fortunas Charles Kamau

(2014) JELR 95169 (CA)

Court of Appeal  •  Civil Application Nai 19 of 2013  •  7 Feb 2014  •  Kenya

Coram
Erastus Mwaniki Githinji, Daniel Kiio Musinga, Mohammed Abdullahi Warsame

Judgement

RULING OF THE COURT

Before us is a motion dated 4th February 2013 and brought under Rules 5(2) (b), 41 and 42 of the Court of Appeal Rules which seeks the main order that this Court do issue

‘a stay of execution of the decree of the Superior Court made on 21st December 2012, interalia ordering that the Respondent be registered as proprietor of L.R. No Dagoretti/Kangemi/711 in place of the Late SerahNjeriKarimi, pending the hearing and determination of the intended appeal’.

The background leading to this application is contained in the supporting affidavit of PERIS NYIHA KANG’ETHE, as well in the replying affidavit of FORTUNAS CHARLES KAMAU, sworn in opposition to the application. The applicants are children of the late ASHFORD KANG’ETHE KING’ANGI and the late SERAH NJERI KANG’ETHE.

The late Ashford was the registered proprietor of the parcel of land known as Dagoretti/Kangemi/165 and after his demise, the property was registered in the name of the late Serah. The applicants allege that pr…

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