FRANCIS NJUNGE v CHIUMA NJAMBUYA [2007] KEHC 995 (KLR)

Facts

The applicant Francis Njunge seeks orders to restrain the respondent Chiuma Njambuya from further dealing with plots No. Mutira/Kirimunge/794 and 1081 and 1080 until the Summons of Revocation of the grant is heard and determined. The applicant claims he was not involved in the succession proceeding and was disinherited, and if the land passes to innocent parties, he would be disinherited. The respondent states the applicant has no locus standi and no interest in the estate, and the application is coming to court after 18 years delay.

Issues

1. Applicant's locus standi
2. Disinheritance claims
3. Delay in filing the application

Reasoning

The court finds the applicant has not shown a prima facie cause with chance of success due to the delay in filing the application and the absence of the applicant's interest in the estate.

Outcome

Application dismissed