RULING OF THE COURT
This Notice of Motion dated 18th June 2020 made under rules 5 (2) (b) of the Court of Appeal Rules, the applicant, Purity Kamunda Cilindi, seeks orders of injunction against the respondent, Asenath Gatakaa Ntwiga, together with her employees and agents from interfering with and evicting her from the property known as LR Mwimbi/Chogoria/258 (the suit property), and further seeking a stay of execution of the judgment of the High Court of 15th October 2018 pending the hearing and determination of the application and appeal and that costs be provided for.
The applicant was aggrieved by the decision of the High Court (Limo, J.) that shared the suit property among the applicant, the respondent and her children, as well as to their other siblings, because in the applicant’s view, the suit property which belonged to the late Gedion M’Murungi M’Muthare alias Njara alias Murungi Muthara, the father of her late husband, Samuel Kamundi Gedeion, should have been given to her exc…