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Beatrice Wairimu Kariuki v. Solomon Njoroge Kiore, Tina Louise Belcher, Clara Amy Cox, Jonathan Munywoki Muli & Shadrack Mbai Mbiu

(2019) JELR 105787 (CA)

Court of Appeal  •  Civil Appeal (Application) 171 of 2016  •  5 Jul 2019  •  Kenya

Coram
Philip Nyamu Waki, Sankale ole Kantai, Fatuma sichale

Judgement

RULING OF THE COURT

This is an old succession dispute concerning the distribution of the estate of one Anthony John Thomson (Deceased). On 21st November, 2014, Kimaru, J delivered a ruling invalidating the Will of the deceased in which Beatrice Wairimu Kariuki (Beatrice) was named a beneficiary of his estate. Beatrice was aggrieved by the said ruling and she instructed her advocate, Mr. Gikandi Ngibuini to appeal the decision to this Court which was duly done when Civil Appeal 171 of 2016 was filed on 9th July, 2016. Solomon Njoroge Kiore (Solomon), Mrs. Tina Louse Belcher, Clara Amy Cox, Jonathan Munywoki Muli and Shadrack Mbai Mbiu were named as the 1st, 2nd, 3rd, 4th and 5th respondents.

During the pendency of the appeal and before directions were given as to how the appeal was to proceed, Solomon filed an application dated 12th August, 2016 supported by two affidavits sworn on 12th August, 2016 and 7th August 2017 and sought, in the main, to have Civil Appeal No. 171 of 2016 struck …

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