Case ID:166552

Catherine Njeri Ng’ang’a & 2 others v Nancy Wanjiru Njuguna [2020] eKLR

Case Metadata

Case Number:

Civil Application 288 of 2019

Parties:

Catherine Njeri Ng’ang’a, Beth Nyambura Kibiro & Samuel Ciira Kimiro v Nancy Wanjiru Njuguna

Date Delivered:

20 Nov 2020

Case Class:

Civil

Court:

Court of Appeal at Nairobi

Case Action:

Ruling

Judge(s):

Wanjiru Karanja, Jamila Mohammed, Fatuma sichale

Citation:

Catherine Njeri Ng’ang’a & 2 others v Nancy Wanjiru Njuguna [2020] eKLR

Case History:

An application for stay of execution of the Ruling and Order of the High Court of Kenya at Nairobi (L. Achode, J) dated 14th May, 2019 in High Court Succession Cause No. 2462 of 2009 In the Matter of the Estate of Emily Wairimu Chira (deceased)

Court Division:

Civil

County:

Nairobi

History Docket No:

Succession Cause 2462 of 2009

History Judges:

Lydia Awino Achode

History County:

Nairobi

Case Outcome:

Notice of motion disallowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

IN THE COURT OF APPEAL

AT NAIROBI

[CORAM: KARANJA, SICHALE & J. MOHAMMED, JJ.A.]

CIVIL APPLICATION NO. 288 OF 2019

BETWEEN

CATHERINE NJERI NG’ANG’A.....................1

ST

APPLICANT

BETH NYAMBURA KIBIRO..........................2

ND

APPLICANT

SAMUEL CIIRA KIMIRO..............................2

ND

APPLICANT

AND

NANCY WANJIRU NJUGUNA.........................RESPONDENT

(An application for stay of execution of the Ruling and Order

of the

High Court of Kenya at Nairobi (L. Achode, J) dated 14

th

May,

2019 in High Court Succession Cause No. 2462 of 2009

In the Matter of the Estate of Emily Wairimu

Chira (deceased))

*******************************************

RULING OF THE COURT

1. UPON perusing the Notice of Motion dated 1

st

July, 2020 by the applicants, said to be brought under

Rule 5(2)(b), Rule 42 and Rule 47 (1)(2) (3) and

(4) of this Court’s Rules

wherein the applicants

Catherine Njeri Ng’ang’a

,

Beth Nyambura Kibiro

and

Samuel Ciira Kimiro

seek,

inter alia

, an order of stay of execution of the orders of

Achode, J

dated on

14

th

May, 2019

; and

2. UPON perusing the affidavit of Catherine Njeri Ng’ang’a, the 1

st

applicant herein sworn on

1

st

July, 2020

on her own behalf and on behalf of the 2

nd

and 3

rd

applicant wherein she has deponed that on

14

th

May, 2019

,

Achode, J

estate of their late mother (the deceased) who was the owner of land parcel

Githunguri/Gathangari/2304

(the suit property); that pursuant to the confirmation of grant, the deceased’s estate has already been distributed; that the respondent’s acts of fraud caused a transfer of 0.20 hectares to be effected in her favour by the deceased pursuant to orders made in Githunguri Senior Principal Magistrate’s Court in SPMCC No. 90 of 1997; and

3. UPON perusing a replying affidavit of

Nancy Wanjiru Njuguna

, the respondent herein, sworn on

18

th

July, 2020

wherein she has deponed that she purchased 0.20 hectares from the deceased who subsequently refused to transfer the 0.20 hectares to her; that she successfully filed Githunguri SPMCC No. 90 of 1997 and had the parcel of land registered in her name; that the applicants obtained grant of letters of administration in respect of the deceased’s estate without acknowledging her interest in the suit property; that she successfully moved the court to have the confirmed grant nullified; and

4. HAVING considered the principles that guide this Court in determination of rule 5(2)(b) applications as enunciated in

Stanley Kang’ethe Kinyanjui vs.

Tony Keter & 5 Others [2013] eKLR

; and

5. NOTING that the applicants have to successfully demonstrate the two limbs

of the conditions precedent to the grant of an order of stay; and

6. GIVEN that the applicants have not demonstrated that the intended appeal will be rendered nugatory, absent stay, given that the orders of

14

th

May, 2019

reverted the suit property to the deceased and hence it is not in any danger of being transferred or otherwise; and

7. GIVEN that no prejudice will be occasioned to the applicants, absent stay, we make the following orders:

(i) That the Notice of Motion dated

1

st

July, 2020

is disallowed;

(ii) The costs of the motion shall be in the intended appeal.

Dated and Delivered at Nairobi this 20

th

Day of November, 2020.

W. KARANJA

........................................

JUDGE OF APPEAL

F. SICHALE

.......................................

JUDGE OF APPEAL

J. MOHAMMED

.....................................

JUDGE OF APPEAL

I certify that this is a true copy of the original.

Signed

DEPUTY REGISTRAR