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Mary Chepkurui Rugechech v. Raymond Kibet Chepkwony

(2021) JELR 99245 (CA)

Court of Appeal  •  Civil Application 46 of 2019  •  5 Feb 2021  •  Kenya

Coram
Martha Karambu Koome

Judgement

IN THE COURT OF APPEAL

AT NAKURU

(CORAM: KOOME, JA (IN CHAMBERS)

CIVIL APPLICATION NO. NKR. 46 OF 2019

BETWEEN

MARY CHEPKURUI RUGECHECH......................................APPLICANT

AND

RAYMOND KIBET CHEPKWONY....................................RESPONDENT

(Being an application for stay of execution of the Ruling of the High Court of Kenya at Kericho (Mumbi Ngugi, J.) dated 29th November, 2017

in

H.C. Succ. Cause No. 195 of 2014)

*****************

RULING

[1] This is an omnibus application by Mary Chepkurui Rugechech (the applicant). She is seeking an order of leave to file an appeal out of time against the Ruling dated 29th November, 2017 as well as an order staying execution of the same Ruling. The application is supported by the applicant’s affidavit sworn on 22nd February, 2019 and the grounds stated thereon.

[2] Briefly, the High Court in Kericho, Mumbi Ngugi, J. determined a succession dispute between the applicant and Raymond Kibet Chepkwony, (respondent) over the distribution of the estate o…

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