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Grace Samson Komen v. Sote Komen, Wiiliam Kiprop Komen, Rachel Chepnge'eno Komen & Mohamed Komen

(2014) JELR 104848 (CA)

Court of Appeal  •  Civil Application 268 of 2013 (Ur1 196/2013)  •  20 Jun 2014  •  Kenya

Wanjiru Karanja, George Benedict Maina Kariuki, Stephen Gatembu Kairu



The applicant, Grace Samson Komen, has applied to this Court for an order to stay the orders of the High Court made on 28th June 2013 by Anyara Emukule J. in Nakuru Succession Cause No.500 of 1997. These orders set aside and vacated the orders granted by the same Court on 12th October 2011 staying the judgment dated 30.7.2010 pending the hearing and determination of the appeal by the applicant. Unless stay is granted the judgment of the High Court which the applicant indicates he has appealed against shall be implemented.

The application shows that on 30.6.2010 the High Court delivered judgment in Succession Cause Number 500 of 1997 relating to the Estate of KIBOWEN KOMEN, deceased, who was survived by several widows and lineal descendants. The applicant is the deceased’s daughter-in-law while the 1st respondent (Sote Komen) is said to be the deceased’s widow, and the 2nd, 3rd and 4th respondents are the son, widow, and son of the deceased respectively.

The deceased’s…

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