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MWONGERA MUGAMBI RINTURI & ANOTHER
V.
JOSPHINE KAARIKA & 2 OTHERS

(2011) JELR 98708 (CA)

Court of Appeal 2 Dec 2011 Kenya
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Case Details

Suit Number:Civil Application 196 of 2010
Judges:Riaga Samuel Cornelius Omolo, Erastus Mwaniki Githinji, Joseph Gregory Nyamu
Location:Nyeri
Other Citations:Mwongera Mugambi Rinturi & another v. Josphine Kaarika & 2 others [2011] eKLR

RULING OF THE COURT

This is a rule 5 (2) (b) application brought by the two applicants seeking an injunction and stay orders against the ruling of the High Court of Kenya (Hon. Lady Justice Mary Kasango) dated 28th May, 2010.

The ruling of the High Court granted the following orders!

(1) I hereby annul the grant issued to Festus Guantai Mugambi and Stephen Mwongera Mugambi Rinturi.(2) I hereby appoint Florence Kinaitore Imathiu and Josephine Kaarika as joint administratrixes of this estate. To that end, I order a grant to be issued to them.(3) I order that the grant issued to Florence Kinaitore Imathiu and Josphine Kaarika be confirmed in terms of the judgment of 1st April, 2009.(4)There shall be no orders as to costs in respect of the Chamber Summons dated 16th July, 2009

The factual background to this matter is that when the late Perminus M’Mugambi Rinturi died in 1985, a Succession Cause No. 396 of 1987 pertaining to the deceased’s estate was instituted. By a consent order recorded by…

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