Through Lawrence Korir Cherono & 2 Others v Sabilina Kosgei & Another:

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET Misc Prob & Admin 39 of 2007 IN THE MATTER OF THE ESTATE OF THE LATE CHERONO MULWA THROUGH LAWRENCE KORIR CHERONO & 2 OTHERS.............PETITIONERS AND SABILINA KOSGEI & ANOTHER:...........OBJECTORS/APPLICANTS RULING The applicants application seeks for temporary injunction to issue against the respondents restraining them, their agents and/or servants from selling, transferring construction or developing or interfering with land Parcels No. IRONG/SERGOIT/450 and 387 pending the hearing and determination of this application for annulment of grant. It was deponed and submitted that applicants are beneficiaries of the Estate of the late CHERONO MULWA. The respondents however obtained Letters of Administration without disclosing that there were other beneficiaries. The grant was confirmed and the respondent were selling the land, assets of the Estate. The respondents were served with the application but did not file any papers opposing the same. Hearing proceeded exparte. I have amended the application, submissions and the affidavits. The applicant claim to be heirs of the deceased’s estate but they were left out when the respondents applied for grant. This averment has not been challenged. A sale agreement between one of the respondent and a 3rd party was annexed showing that part of the land is being sold. I therefore feel that there is need to preserve the Estate until the application for revocation is heard and determined. In the circumstances I allow the application as prayed. The respondents are hereby restrained by an injective order for selling transferring or in any way transferring with the two pieces of land until application is heard. Costs in the cause.

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