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Christopher Ndaru Kagina v. Esther Mbandi Kagina,Tabitha Ikamba Kagina & Charity Njoki Kagina

(2017) JELR 103180 (CA)

Court of Appeal  •  Civil Application 81 of 2016  •  20 Dec 2017  •  Kenya

Coram
George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale

Judgement

RULING OF THE COURT

1. Christopher Ndaru Kagina (the applicant), lodged in this Court by way of Notice of Motion dated 14th November 2016 seeking under Rule 5(2)(b) of the Rules of this Court an order for stay of the Ruling of the High Court (sitting in Nyeri) delivered in High Court Succession Cause No. 300 of 2013 by J. M. Mativo J. That ruling was made in an application by the applicant herein dated 8th April 2013 seeking a multiplicity of orders totaling six which included an order that Esther Mbandi Kagina and Tabitha Ikamba Kagina, the 1st and 2nd respondents be stopped from inter-meddling with the estate of the deceased, and that there be stay of further proceedings in the said Succession Cause pending hearing and final determination of the applicant's appeal to this Court against the impugned ruling.

2. The learned Judge dismissed the applicant's said application with costs as lacking merit after finding that while there was no basis for granting prayers 3, 5, and 6, prayer 4 co…

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