Rosemary Wanjiku Munyua & another v Joseph Maina Munyua [2013] KEHC 1958 (KLR)
- Court
- High Court of Kenya
- Case number
- 1958
- Citation
- [2013] KEHC 1958 (KLR)
- Decided
- 2 October 2013
The application for an injunction is granted, but the Applicants are required to take steps for a pretrial conference within six months. The Applicants' prayer for the return of the roof iron sheets is denied.
Facts
Rosemary Wanjiku Munyua and Mary Mendi Munyua, as Administrators of the Estate of Francis Munyua Maina, filed an application for an injunction against Joseph Maina Munyua, seeking to restrain him from disposing of the suit property and to return removed roof iron sheets. The property was allegedly fraudulently transferred by the deceased father.
Issues
- Whether the Respondent has the right to dispose of the suit property
- Whether the Applicants are entitled to the return of the removed roof iron sheets
Reasoning
The court found that the Respondent had the right to dispose of the property as per the deceased father's will and the subsequent registration process. The Applicants failed to prove fraud.
Outcome
The application for an injunction is granted, but the Applicants' prayer for the return of the roof iron sheets is denied.
Orders
- The Applicants shall take the necessary steps to have this suit set for pretrial conference within six months of the date of this ruling.
- The Applicants' prayer for the return of the roof iron sheets is denied.
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