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Noel Amboso Oyombe v. Ziporah Anyolo alias Siporah Anyolo

(2018) JELR 93795 (CA)

Court of Appeal  •  Civil Application 78 of 2016 (UR 43/2016)  •  15 Mar 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

RULING OF THE COURT

[1] Before us is a Notice of Motion dated 10th October, 2016 expressed to be brought under Sections 3 of the appellate Jurisdiction Act, rules 1 (2) and 2 of the Court of Appeal Rules and Article 159 (d) of the Constitution. NOEL AMBOSO OYOMBE, (the applicant), seeks an order of stay of execution and leave to appeal to this Court against the Ruling and Orders made on 16th August, 2016, in favour of ZIPORAH ANYOLO alias SIPORAH ANYOLO (the Respondent).

[2] The application is founded on the grounds set out on the face thereof and also on the averments deponed in the applicant’s supporting affidavit and further affidavit.

[3] A brief background of the dispute as can be gleaned from the applicants affidavit dated 10th October, 2016 and further affidavit dated 13th March, 2017 are that the applicant is a dependant to the estate of the late HESBON MUDOGO, (deceased), by virtue of being a daughter in law of the deceased and the widow of JOHN AMBULWA MUDOGO alias JOHN AMBULWA…

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