FRANCIS THIAKA NJAGI & 2 OTHERS v MARY KANINI MURIITHI & 3 OTHERS [2006] KEHC 176 (KLR)

FRANCIS THIAKA NJAGI & 2 OTHERS v MARY KANINI MURIITHI & 3 OTHERS [2006] KEHC 176 (KLR)

REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Misc Civil 29 of 2005

FRANCIS THIAKA NJAGI………………………..1ST APPELLANT

JAMES NJAGI THIAKA ………………………….2ND APPELLANT

JUSTIN NGUGI THIAKA ……………………..….3RD APPELLANT

VERSUS

MARY KANINI MURIITHI………………….......1ST RESPONDENT

FRANCIS WACHIRA MURIITHI……….....…..2ND RESPONDENT

JOSEPH WAWERU MURIITHI………….....….3RD RESPONDENT

STEPHENSON GIKUNJU THIAKA……….......4TH RESPONDENT

JUDGMENT

  There is before the court an application for annulment of grant on the ground that it was obtained by non disclosure of material facts.  I have perused the application and the supporting affidavit together with annextures and I find that while the first grant was issued and confirmed and it is still under appeal No. 188/1995 at Nairobi the applicant moved to the court of Resident Magistrate’s Court Kerugoya and filed Succession Cause No. 52/2002 in the same estate and got the grant and got it confirmed.  This conduct shows the fraudulent intention in obtaining the second grant.

  I therefore allow application and grant orders as prayed.

Costs to the applicants.

Dated this 3rd July, 2006.

J. N. KHAMINWA

JUDGE

3/7/2006

Khaminwa –Judge

Njue - Clerk

M/S Wairimu

Ruling read in her presence.

J .N. KHAMINWA

JUDGE

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