Francis Thiaka Njagi & 2 others v Mary Kanini Muriithi & 3 others

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

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