Mogwanja & another v Roskan Investments Limited & 3 others (Civil Appeal (Application) 4 of 2019) [2024] KECA 242 (KLR) (8 March 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 242
- Citation
- [2024] KECA 242 (KLR)
- Decided
- 8 March 2024
The application for leave to appeal is dismissed with costs to the respondents.
Facts
The applicants, Pauline Njoki Mogwanja and Sheila Wariara Karago, along with their deceased brother James Mirie, inherited a property known as 'the Island Farm' from their parents. James, who was denied a share, approached the sisters for permission to use the property. The property was later sold by James to the 1st respondent, who is a private limited liability company with the applicants and the 2nd respondent as shareholders and directors.
Issues
- Interpretation of the testatrix's will
- Constructive trust
- Fraudulent sale of the property
Reasoning
The issues raised by the applicants do not meet the threshold and criteria for public interest as they were not raised in the trial or appellate courts. The issues are not of general public importance and do not warrant the intervention of the Supreme Court.
Outcome
Application dismissed
Orders
- Notice of Motion dated 20th April 2023 is dismissed with costs to the respondents
Authorities cited
Cases cited (2)
- Jamii Bora Bank Limited v Minnie Mbue [2021] eKLR
- Hermanus Phillipus Steyn v. Giovanni Gnecchi Ruscone (supra)
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