REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
Misc Civ Appli 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