Mbogo v Mbogo (Civil Application E054 of 2025) [2026] KECA 319 (KLR) (27 February 2026) (Ruling)

Facts

The applicant, Bibiana Njeri Mbogo, filed a claim against the respondent, Nancy Wamiru Mbogo, for a declaration that LR No. Baragwi/Kariru/2617 (the suit property) was registered in the name of the respondent in trust for the applicant, and an order for subdivision of the suit property into two equal portions, one to be registered in the applicant’s name. The respondent denied the applicant’s averments and claimed that the suit property was registered in the deceased’s name alone and that the respondent had transferred it to her own name.

Issues

1. Whether the applicant’s intended appeal is arguable
2. Whether the intended appeal will be rendered nugatory if granted
3. Whether the applicant’s intended appeal is likely to be rendered nugatory if the order of injunction is not granted

Reasoning

The Court finds that the applicant’s intended appeal is arguable and that the appeal risks being rendered nugatory if the order of injunction is not granted. The Court directs the parties to maintain the existing status quo until the hearing and determination of the intended appeal.

Outcome

The application for injunction and stay of execution pending appeal is granted.

Authorities cited