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SIPOI TIPANGO & 3 ORS.
V.
ROSE MUENI MAITHA (SUED AS THE LEGAL REPRESENTATIVE OF THE ESTATE OF JACOB MUTUKU MAITHA (DECEASED) & 5 OTHERS

(2020) JELR 93365 (CA)

Court of Appeal 10 Jul 2020 Kenya
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Case Details

Suit Number:Civil Application 129 of 2019
Judges:Wanjiru Karanja, Jamila Mohammed, Fatuma sichale
Location:Nairobi
Other Citations:Sipoi Tipango & 3 others v. Rose Mueni Maitha (sued as the legal representative of the estate of Jacob Mutuku Maitha (deceased) & 5 others [2020] eKLR

RULING OF THE COURT

BACKGROUND

1) By way of a notice of motion dated 29th March, 2019, Sipoi Tipango (the 1st applicant), Richard Kombe Tipango (the 2nd applicant) William Siasi Tipango (the 3rd applicant) and Daniel Lesisa Tipango (the 4th applicant) seek an order of injunction under Rule 5(2)(b) of the Court of Appeal Rules (this Court’s Rules) restraining Rose Mueni Maitha (sued as the legal representative of the estate of Jacob Mutuku Maitha (deceased) (the 1st respondent), Anna Wangari (sued as the legal representative of the estate of Herman Kinyanjui Kimani (deceased) (the 2nd respondent), Nicholas F.K. Mbugua (the 3rd respondent), Priscilla Kanyogo (the 4th respondent), Emily Wambui Ishmael (the 5th respondent) and Wilson Kariuki Njachu (the 6th respondent) either by themselves, their servants, and/or agents from selling, disposing, transferring, subdividing, alienating or in any other way adversely dealing with the parcel of land known as Title No Ngong/Ngong/3768 (the suit pro…

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