WINNIE KINYUA KABURU V. ALI JUMA ABDIRAHMAN & REHEMA CHARO MUNGUMBA

JUDGMENT OF THE COURT

[1] This is an appeal against the judgement and decree of Angote J., in Malindi Environment and Land Court Case No. 48 of 2014 where in Winnie Kinyua Kaburu (appellant) was sued by Ali Juma Abdirahman and Rehema Charo Mungumba the 1^st and 2^nd respondents respectively. The suit revolved around a sale of a parcel of land known as Gede/Miombani/888 (suit premises). In the suit the subject matter of this appeal, the respondents sought inter alia a permanent order of injunction restraining the appellant, her agents or servants from constructing, interfering, disposing off, entering or in any way dealing with the suit premises. The core issue for determination is whether the learned trial Judge erred by holding that a sale agreement over the suit premises that was entered into by the deceased daughter (2^nd respondent) without letters of administration was invalid.

[2] We shall give a brief background of the matter to place it in perspective and also this being a 1^st appe…