JACINTA WANZA MAKENZI V. AGNES MUTINDI KITHUSI,MARDSEN KELLI,KEVIN MUTINDA KELLI,SYLVIA MWENDE KELLI & PETER MUTINDA MUNYAO

RULING

1. Jacinta Wanza Makenzi (the applicant), one of the administrators of the estate of Joseph Munyao Kelli (deceased), moved this Court by way of a Notice of Motion dated 17^th October, 2017 brought under rules 4, 42(1), 43(1), 47 of the Court of Appeal Rules, 2010 seeking orders as follows:

“1. ....

2. That leave be granted to the applicant to appeal out of time, the ruling and orders delivered by Hon. Justice A.O. Muchelule dated 6^th October, 2014 in Succession Cause No. 293 of 2004, inter alia, that the respondents proceed to sale (sic) the property situated in LR No. NAIROBI/ BLOCK No. 77/ 20 BURUBURU.

3. That the court be pleased to grant a stay of the intended judgment in Succession Cause No. 293 of 2004 pending hearing and determination of this application and the intended appeal.”

2. The application is premised on the supporting affidavit of the applicant, sworn on 17^th October, 2017 in which the deponent has deposed that the ruling intended to be appealed from was reserved for…