Oyugi & 2 others (Suing as the Administrators of the Estate of Hezekiah Nelson Oyugi - Deceased) v Sherman & another (Civil Application E476 of 2025) [2026] KECA 236 (KLR) (13 February 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 236
- Citation
- [2026] KECA 236 (KLR)
- Decided
- 13 February 2026
An injunction is granted to restrain the 1st respondent from transferring or otherwise disposing of the suit property pending hearing and determination of the applicants' appeal.
Facts
The applicants are the administrators of the estate of Hezekiah Nelson Oyugi, who was the registered proprietor of LR No. 209/4491, Lavington. The 1st respondent, Timdar Said Sherman, had transferred the property to her in 1998, and the applicants sought an injunction to restrain her from selling or interfering with the property.
Issues
- Constructive trust issue not pleaded by the 1st respondent
- Applicants' appeal on the basis of forged court order
Reasoning
The court found that the applicants have an arguable appeal and that the subject matter of the suit is land valued at Kshs.350-400 million. The court also noted that the 1st respondent has not deposed to her ability to compensate the applicants in damages if she disposes of the property prior to the appeal.
Outcome
Appeal granted
Orders
- Injunction restraining the 1st respondent from transferring or otherwise disposing of the suit property pending hearing and determination of the applicants' appeal
Remedies
- Preservation of the subject matter of the appeal
Authorities cited
Cases cited (2)
- Githunguri v Jimba Credit Corporation Ltd (No 2) [1988] KECA 141 (KLR)
- 227]
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