Robenson Murema Mwangi & another v Festina Wanjiku Kamuri [2020] KEHC 7391 (KLR)
- Court
- High Court of Kenya
- Case number
- 7391
- Citation
- [2020] KEHC 7391 (KLR)
- Decided
- 5 March 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of Hon. J. Wanjala C.M.CoramR.V.P Wendoh
Holding
The court granted a prohibitory order to prohibit any dealings with the subject land until the appeal is heard and finalized.
Facts
The deceased, Prisca Mwihaki Mumera, left behind two children, Paul Mwangi Mumera and Stephen Kamuri Mumera. Both Paul Mwangi and Stephen Kamuri are deceased. The applicants, Robenson Murema Mwangi and Zipporah Wangari Mwangi, are children of Paul Mwangi while the respondent, Festina Wanjiku Kamuri, is the wife of Stephen Kamuri and hence a daughter-in-law of the deceased.
Issues
- Whether the court should grant a prohibitory order to prevent any dealings with the subject land until the appeal is heard and determined.
- Whether the applicants will suffer any prejudice if the prohibitory order is granted.
Reasoning
The court found that the applicants have a right to appeal and that preserving the land is necessary for the appeal to proceed.
Outcome
Appeal granted
Orders
- A prohibitory order to prohibit any dealings with the subject land until the appeal is heard and finalized.
Remedies
- Costs to await the appeal.
Authorities cited
Legislation (2)
- Law of Succession Act
- Probate and Administration Rules
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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