REGINA NYAMBURA NGONYA & ANOR. V. PETER GATHURE CHEGE & 3 ORS.

RULING

1. The appellant’s notice of motion dated 26th February 2021 brought under sections 3A and 3B of the Appellate Jurisdiction Act and rule 5(2)(b) of this Court’s Rules seeks maintenance of the status quo ante in regard to a property known as Land Registration Plot NO. B/1648 (the suit property) pending the hearing and determination of this appeal.

2. The application is supported by the 1st appellant’s affidavit, who is one of the administrators of the estate of the late Ngonya Wa Gakonya. The deponent states, inter alia, that vide a plaint dated 8th December 2014, the appellants filed a suit in the High Court against the respondents seeking, among others, a declaration that the suit property belonged to and forms part of the estate of Nyinamu Gakonya Ngonya (deceased) and that the charge created in favour of the 3rd respondent was invalid.

3. The said suit was heard and dismissed vide a judgment rendered by K. Bor, J. on 8th August 2019. Being dissatisfied with the said decision, the appell…