IN RE ESTATE OF MICHEAL KINYUA MURUNGU(DECEASED)

RULING

The matter involved an application dated 17.11.2020 filed in court on 18.11.2020 against the impugned decision of the Magistrate court the notice of motion expressed to be brought under Section 3A, 79G and 95 of the Civil Procedure Act seeks the following substantive orders:

(a) An order of injunction do issue to stop the respondent from using, declaring and or relying on the Limited Grant ad Colligenda Bona issued on the 18.2.2020 to issued eviction notices, harassing and or interfering with the applicants and her tenants occupation of the premises on plot No. 445 KKB Kilifi pending the determination of the intended appeal.

(b) That the court be pleased to grant leave to the applicant to appeal out of time against the ruling made by Hon. Chepseba on the 14.10.2020. In support of the application is an affidavit of Swabra Yusuf and attached annexures dated 17.11.2020.

Learned Counsel for the applicant also referred to the intended memorandum of appeal which lays grounds to challenge…