RACHEL WAIRIMU MUKOMA V. HANNAH WAMBUI GITHERE, WANJIKU GITHERE, HARUN THIONG'O NJIRI, KAGUONGO NJIRI, JOSEPH NJIRI GITHERE & NJIRI GITHERE

RULING OF THE COURT

By this application brought under Rule 5 (2) (b) of the court of Appeal Rules, the applicant seeks two orders, namely, a stay of execution of the judgment and decree of the superior court made on 13^th March, 2007 in High Court Civil Case No. 141 of 1988 (O.S.) and an injunction restraining the six respondents from interfering with the applicant’s possession and enjoyment of a portion of land title No. Githunguri/ Gathangari/1057 pending the hearing and determination of the intended appeal.

The applicant is the wife and legal representative of Mukoma Njiri now deceased (Mukoma). Mukoma was the registered proprietor of land titles Nos. Githunguri/Gathangari/1057 comprising of 4.52 Hectares (11.2 acres) and Githunguri/Gathangari/T.105 comprising of 0.22 acres. The deceased was the brother to Githere Njiri who died in about 1954. The said Githere Njiri was survived by two widows – Hannah Wambui Githere (1^st respondent), (Hannah) and Wanjiku Githere (2^nd respondent) and t…