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Kennedy Kariuki Mwangi v. Peter Njomo Mwangi

(2019) JELR 100182 (CA)

Court of Appeal  •  Civil Application 323 of 2018 (Ur 261/2018)  •  5 Apr 2019  •  Kenya

Coram
Roselyn Naliaka Nambuye, Daniel Kiio Musinga, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

1. The applicant, Kennedy Kariuki Mwangi, has by an application dated 19th October 2018 under Rule 5(2)(b) of the Court of Appeal Rules, applied for an order to stay further proceedings in HCSC No. 17 of 2017 Kajiado, pending the hearing and determination of his intended appeal against a ruling of the High Court delivered in that cause on 3rd October 2018.

2. The brief background is that, Agnes Nyambura Githinji, deceased, to whom the succession proceedings in High Court relate, died on 1st April 2014. She was survived by three children, namely, James Irungu Mwangi, Peter Njomo Mwangi (the respondent), and the applicant, all adult persons. A grant of letters of administration intestate in respect of the estate of the deceased was issued to the respondent, Peter Njomo Mwangi, on 27th of April 2015.

3. Prior to confirmation of that grant, the applicant petitioned the High Court under Rule 13 of the Probate and Administration Rules for proof of an oral will. He contended…

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