NJERU NJAMIU, ISAIAH MWANIKI & NJAGI NJAMIU V. NJERU NJAMIU, NJUE NJAMIU & JOTHAM KARUKA

RULING OF THE COURT

In the matter before the High Court of Kenya, Embu, being Succession Cause No. 50 of 2003 – In the Matter of the Estate of Kiura Katheri alias Kiura Njamiu (deceased) – the applicants herein Njeru Njamiu, Isaiah Mwaniki and Njagi Njamiu were the applicants. They had applied for revocation or annulment of a grant dated 8th December, 2011 issued to the 1st and 2nd respondents Njeru Njamiu and Njue Njamiu, the parties’ names being similar because they are relatives. The summons was heard by F. Muchemi, J., who in a ruling delivered on 7th February, 2017 found the same to be unmerited and dismissed it . The applicants filed a Notice of Appeal against those findings. In a Notice of Motion said to be brought under Rules 47 (1) and 5(2) (b) of the Rules of this Court we are asked in the main to order a stay of execution of the said ruling until an intended appeal is heard and determined. In grounds in support of the Motion and in a supporting affidavit sworn at Embu by the…