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CATHERINE NJERI NG'ANG'A & 2 OTHERS
V.
NANCY WANJIRU NJUGUNA

(2020) JELR 103365 (CA)

Court of Appeal 20 Nov 2020 Kenya
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- Applicants sought a stay of execution under Rule 5(2)(b) of the Court of Appeal Rules, regarding orders of Achode, J. dated 14 May 2019, affecting the estate of their late mother and ownership of land parcel Githunguri/Gathangari/2304. -

Case Details

Suit Number:Civil Application 288 of 2019
Judges:Wanjiru Karanja, Jamila Mohammed, Fatuma sichale
Location:Nairobi
Other Citations:Catherine Njeri Ng'ang'a & 2 others v. Nancy Wanjiru Njuguna [2020] eKLR

RULING OF THE COURT

1. UPON perusing the Notice of Motion dated 1st July, 2020 by the applicants, said to be brought under Rule 5(2)(b), Rule 42 and Rule 47 (1)(2) (3) and (4) of this Court’s Rules wherein the applicants Catherine Njeri Ng’ang’a, Beth Nyambura Kibiro and Samuel Ciira Kimiro seek, inter alia, an order of stay of execution of the orders of Achode, J dated on 14th May, 2019; and

2. UPON perusing the affidavit of Catherine Njeri Ng’ang’a, the 1st applicant herein sworn on 1st July, 2020 on her own behalf and on behalf of the 2nd and 3rd applicant wherein she has deponed that on 14th May, 2019, Achode, J estate of their late mother (the deceased) who was the owner of land parcel Githunguri/Gathangari/2304 (the suit property); that pursuant to the confirmation of grant, the deceased’s estate has already been distributed; that the respondent’s acts of fraud caused a transfer of 0.20 hectares to be effected in her favour by the deceased pursuant to orders made in Githunguri Sen…

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