JULIA MORACHA MATUNDURA & ANOTHER
V.
SARAH MORAA MORACHA & ANOTHER

JUDGMENT OF THE COURT

This is an appeal from an interlocutory ruling of the High Court delivered on 14^th November 2014. By that ruling, the High Court disallowed an application dated 10^th March 2014 by the respondents for an interlocutory injunction to restrain the appellants from dealing with the property known as Title Number Kisii Municipality/Block 11/66. Despite disallowing that application, the court nonetheless, on its own motion issued an order of inhibition, inhibiting any further dealings with the property pending the hearing and determination of the suit.

Background

In as far as we can tell, (and we do not express any concluded view on the matter), the facts are to a large extent not in controversy. Sarah Moraa Moracha, the 1^st respondent, is the wife of Julius Moracha Matundura, the 1^st appellant. Smart Ngare Moracha, the 2^nd respondent is their son.

The 1^st appellant, alongside one William Onkoba Matundura, were appointed by the court as the administrators of the estate of th…