PERIS WANJIKU KARAGU, GLADYS WAMBUI PERIS, KENNETH KINUTHIA WANJIKU & ALPHAXARD KARAGU WANJIKU V. FRASHIA NJERI MUTHAKA

RULING OF THE COURT

1. Before us is an application dated 14^th November 2018 made under Rule 5(2)(b) of the Court of Appeal Rules. The applicants seek an order of stay of execution of the judgment and orders of the Environment and Land Court (ELC) at Murang’a (G. Kemei, J.) given on 12^th April 2018. In the said judgment, the ELC declared that the applicant was registered as owner of the property known as Loc3/Gituru/72 in trust for herself and the respondent; and that the sub-division of that property carried out by the 1^st applicant that resulted in parcel numbers Loc 3/Gituru/1131, 1132 and 1133 registered in the names of her children the 2^nd to 4^th applicants are null and void. The court further directed the Land Registrar Muranga to cancel the titles relating to those subdivisions and for the land to revert to Loc3/Gituru/72 and the same be divided equally between the applicant and the 1^st respondent. The Land Registrar, Murang’a was mandated by the court to execute the necessary do…