FRANCISCA NDUKU MOSU V. ALFRED MUTUNGA MATHEKA & ESTHER MUMBE MATHEKA

RULING OF THE COURT

1. In her application dated 8th February 2024, the applicant,  Francisca Nduku Mosu, who maintains that she is the  widow of Meshack Mwanzia Matheka, deceased, in respect  of whose estate the succession proceedings relate, has  applied for orders to stay implementation of the ruling and  orders of the High Court given on 21st November 2023 by  “ensuring there is no distribution of the estate, eviction from  any property or interference with the current status quo in  regard to the estate” pending the hearing and determination  of her intended appeal. She intends to appeal against the  ruling delivered on 21st November 2023 in which the High  Court (E. K. Ogola, J.) dismissed her Summons for Revocation of Grant dated 5th April 2011 issued to the  respondents, Esther Mumbe Matheka and Alfred Mutunga Matheka, the mother and brother respectively of the  deceased. 

2. The background, in brief, is that the deceased died on 5th February 2007. The applicant, asserting to be the wi…