STEPHEN NJUGUNA MWANGI (LEGAL REPRESENTATIVE OF THE ESTATE OF MWANGI MBOTHU (DECEASED) V. WANGARI NJUGUNA

RULING OF THE COURT

1. The Applicant has moved this Court by way of Notice of Motion dated 6^th December 2012 under Rules 5 (2) (b), 41 and 42 of the Rules of this Court. The Orders sought in prayers 2 and 3 of the Motion are as follows:

That this Honourable Court be pleased to grant an injunction restraining the respondent from transferring, evicting, selling and/or dealing adversely with land parcel Kiganjo/Gachika/533 pending the hearing and determination of the intended appeal.

That the Honourable Court be pleased to grant stay of further proceedings in Nairobi HCCC No. 390 of 2011 pending the hearing and determination of the intended appeal.

2. The dispute between the parties hereto commenced at the High Court by way of Originating Summons. The suit property is Kiganjo/Gachika/533 and the respondent is the registered proprietor thereof. At the High Court, the applicant sought declaratory orders, inter alia, that the respondent holds the suit property in trust for one Mwangi Mbothu (d…