MARY NJERI KAMAU v NJOKI GITAU [2008] KEHC 2325 (KLR)
- Court
- High Court of Kenya
- Case number
- 2325
- Citation
- [2008] KEHC 2325 (KLR)
- Decided
- 23 May 2008
Both parties should continue utilizing the plot on the ratio of 2:3 pending hearing of the final determination of the proceedings in the lower court.
Facts
Two parties, Mary Njeri Kamau and NJoki Gitau, are disputing the succession of a rice holding previously held by a deceased tenant. Both parties are claiming rights from the deceased tenant, one as a step daughter and the other as a widow. The case involves cultivation of rice on the land by both parties, with Kamau taking 2 acres and Gitau 3 acres.
Issues
- Succession of the rice holding
- Interlocutory injunction against the appellant
Reasoning
The court found that both parties should continue utilizing the plot on the ratio of 2:3 pending the final determination of the proceedings in the lower court.
Outcome
Both parties should continue utilizing the plot on the ratio of 2:3 pending the final determination of the proceedings in the lower court.
Orders
- Orders issued by Senior Resident Magistrate are hereby stayed pending determination of Misc.Succ. Case No. 32 of 2007 at Wanguru Court.
- Order for stay pending appeal is not discharged.
Authorities cited
Legislation (1)
- Irrigation Act
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