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SALOME NAIVANUI KEEN & 7 ORS.
V.
ALICE WANJIRU WANJOHI ADMINISTRATIX OF THE ESTATE OF FRANCIS WANJOHI NDIRANGU (DECEASED)

(2019) JELR 93206 (CA)

Court of Appeal 22 Mar 2019 Kenya
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Case Details

Suit Number:Civil Application 326 of 2013 (Ur. 240/2013)
Judges:Hannah Magondi Okwengu, Jamila Mohammed, Fatuma sichale
Location:Nairobi
Other Citations:Salome Naivanui Keen & 7 others v. Alice Wanjiru Wanjohi administratix of the Estate of Francis Wanjohi Ndirangu (Deceased) [2019] eKLR

RULING OF THE COURT

Background

1. This is an application by Salome Naivanui Keen, Hudson Mwangi Thuku, Kevin Thuku, Lucy Wanjiru Kigome, Joseph Thuku, Susan Nyaruai, Kahuro Thuku and Githinji Thuku, (the applicants) under Rule 5 (2)(b) of this Courts Rules for inter alia, a stay of execution of the judgment and decree of the High Court (Ouko, J as he then was) delivered on 11th February, 2013. The judgment was entered in favour of Alice Wanjiru Wanjohi administratix of the Estate of FRANCIS WANJOHI NDIRANGU (Deceased) (the respondent).

The learned Judge dismissed the applicants’ suit with costs and found that the respondent is entitled to ownership and exclusive possession of land parcels LR. 453/3/1 and LR. No. 453/3/2 (the suit property). The learned Judge ordered the applicants to vacate the suit property within 90 days from the date of Judgment failing which they would be evicted.

2. Aggrieved by that judgment, the applicants filed an application in the High Court dated 8th March, 201…

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