Wanjiru (Suing as the administrator of the Estate of the Late Francis Mbugua Njoroge (Deceased) & another v Thagishu (Sued as the legal representative of the Estate of Dominique Thagishu Karari) (Civil Application E541 of 2023) [2024] KECA 83 (KLR) (9 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 83
- Citation
- [2024] KECA 83 (KLR)
- Decided
- 9 February 2024
The applicants' appeal is arguable and the court orders the appeal to be heard on priority basis. The applicants are ordered to vacate the land within 45 days, and the respondent is condemned to pay costs.
Facts
The applicants claim ownership of land known as Dagoretti/Riruta 4809, while the respondent claims ownership based on a 1990 sale agreement and a 1994 consent judgment. The applicants were evicted from the land in December 2023.
Issues
- Validity of the respondent's title
- Arguability of the appeal
- Nugatory nature of the appeal
Reasoning
The court found the respondent's title valid based on the 1994 consent judgment and the applicants' attempts to prevent the deceased from enjoying the fruits of his judgment. The court also found the appeal arguable and ordered the appeal to be heard on priority basis.
Outcome
Appeal granted, stay of execution granted
Orders
- Order declaring the estate of Dominique Thagishu Karari as the absolute owner of the land
- Order declaring the defendants as trespassers
- Order requiring defendants to vacate the land within 45 days
- Order condemning defendants to pay costs
Remedies
- Stay of execution pending appeal
- Order for eviction
Authorities cited
Cases cited (3)
- Reliance Bank Ltd (in Liquidation) v Norlake Investments Ltd (2002) 1 EA A 227
- Peter Mburu Ndururi v James Macharia Njore CA No. 29 of 2009 (UR 14/2009)
- Retreat Villas Ltd v Equatorial Bank Ltd & others, Civil Application No. 40 of 2006 (unreported)
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