Case ID:185814

M’Njogu & 7 others v Grace Karwirwa sued as the administrator of the late Gerald Mwangi Mugo (Deceased) (Civil Application E061 of 2021) [2021] KECA 152 (KLR) (10 November 2021) (Ruling)

Case Metadata

Case Number:

Civil Application E061 of 2021

Parties:

M’Njogu & 7 others v Grace Karwirwa sued as the administrator of the late Gerald Mwangi Mugo (Deceased)

Date Delivered:

10 Nov 2021

Case Class:

Civil

Court:

Court of Appeal at Nairobi

Case Action:

Ruling

Judge(s):

Hannah Magondi Okwengu, Daniel Kiio Musinga, Jamila Mohammed

Citation:

M’Njogu & 7 others v Grace Karwirwa sued as the administrator of the late Gerald Mwangi Mugo (Deceased) (Civil Application E061 of 2021) [2021] KECA 152 (KLR) (10 November 2021) (Ruling)

Advocates:

Mr. Ndub for for the Respondent, Mr. Mwarania for for the Applicants

Court Division:

Environment and Land

County:

Nairobi

Advocates:

Mr. Ndub for for the Respondent, Mr. Mwarania for for the Applicants

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

M’Njogu & 7 others v Grace Karwirwa sued as the administrator of the late Gerald Mwangi Mugo (Deceased) (Civil Application E061 of 2021) [2021] KECA 152 (KLR) (Environment and Land) (10 November 2021) (Ruling)

Neutral citation number: [2021] KECA 152 (KLR)

Republic of Kenya

In the Court of Appeal at Nairobi

Civil Application E061 of 2021

DK Musinga, J Mohammed & HM Okwengu, JJA

November 10, 2021

Between

Julius Mworia M’Njogu

1

st

Applicant

M’Marete M’Witari

2

nd

Applicant

Paul Muriira M’Njogu

3

rd

Applicant

Julius Mwiti

4

th

Applicant

John Muthomi

5

th

Applicant

Daniel Mutua Mugwika

6

th

Applicant

Kijuki Kaiga

7

th

Applicant

Karemu M’Ituamikwa

8

th

Applicant

and

Grace Karwirwa sued as the administrator of the late Gerald Mwangi Mugo (Deceased)

Respondent

(An application for stay of execution of the Decree by (L.N. Mbugua ELC. J.) dated 21st July, 2021)

Ruling

1

The respondent’s learned Counsel, Mr. Ndubi, has sought time to put in written submissions and a replying affidavit. He has told the Court that he was served with the hearing notice only yesterday. He requires about 14 days to file his papers. The applicant’s learned counsel, Mr. Mwarania, has no objection to that application but prays that the application that is scheduled to be heard before the trial court on 15.11.2021 that caused this application to be listed for hearing today be stayed.

2

We have considered the respondent’s application and think that it is reasonable. In the circumstances, we adjourn the hearing of this application and make the following orders:

1.

The respondent is hereby granted leave to file and serve written submissions and replying affidavit to the applicant’s application within 14 days from today.

2.

Pending the hearing and determination of this application, there shall be interim stay of the eviction proceedings that are pending before the trial court.

3.

Upon the filing of the replying affidavit and the submissions by the respondent, this application shall be set down for hearing on priority basis.

4.

Today’s costs shall be in the cause.

DATED AT NAIROBI THIS 10TH DAY OF NOVEMBER, 2021

D. K. MUSINGA, (P)

…………………………………

JUDGE OF APPEAL

HANNAH OKWENGU

…………………………………

JUDGE OF APPEAL

J. MOHAMMED

…………………………………

.

JUDGE OF APPEAL

I certify that this is a true copy of the original

DEPUTY REGISTRAR