Amos Njau Mureithi & Rachael Wanjiku Mureithi (Administrators of the Estate of Evanston Mureithi Kiboi - Deceased) & another v Maina & 4 others (Civil Application E359 of 2023) [2024] KECA 889 (KLR) (26 July 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 889
- Citation
- [2024] KECA 889 (KLR)
- Decided
- 26 July 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureAppeal from the ruling and order of the Environment and Land Court at KajiadoCoramKomingoi, OLE KANTAI
Holding
An injunction is granted to restrain the 3rd and 4th respondents from selling or transferring the suit properties until the intended appeal is heard and determined.
Facts
The applicants are administrators of the estates of deceased individuals and seek an injunction to restrain the respondents from selling or interfering with specific plots pending an appeal.
Issues
- Whether the applicants' claims are idle or frivolous.
- Whether an injunction is necessary to prevent the respondents from alienating the disputed properties before the appeal is heard.
Reasoning
The applicants' claims are not idle or frivolous and an injunction is necessary to prevent the respondents from alienating the disputed properties before the appeal is heard.
Outcome
Injunction granted
Orders
- Injunction restraining the 3rd and 4th respondents from selling or transferring the suit properties until the intended appeal is heard and determined.
- Applicants to file and serve the record of appeal within 45 days from the date of this ruling.
Remedies
- Injunction
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…