In re Estate of Peter Mungai Ngae (Deceased) [2019] KEHC 3298 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT NAIROBI

(FAMILY DIVISION)

SUCCESSION CAUSE NO 1611 OF  2006

IN THE MATTER OF THE ESTATE OF PETER MUNGAI NGAE (DECEASED)

FRANCIS THIRU NJOROGE.......................................APPLICANT

VERSUS

SOSPETER CHEGE MUNGAI................................RESPONDENT

R U L I N G

1. By an application dated 1st October 2014 Francis Thiru Njoroge sought to be enjoined as an interested party in respect of a plot measuring 0. 044 Ha. sold to him by a beneficiary Sospeter Chege Mungai.

2. The application is based on grounds that the Applicant was a Bona Fide purchaser, he paid the entire purchase price though to date the transfer has not been effected.

3. Despite service of the application for presence of counsel for Administrator, and beneficiaries it is notable that there was no opposition.

4. Consequently the Applicant be and is hereby enjoined to the suit as such.  No order as costs.

Dated and Delivered in Nairobi on this 17th day of October, 2019

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ALI-ARONI

JUDGE