PAUL KORIR SAWE & HARRON KOECH SAWE V. SALINA C. SAWE

RULING OF THE COURT

[1] The notice of motion dated 12^th May, 2020 was taken out by the applicants who intend to appeal against the decree of the High Court issued on 14^th August, 2019 by H. Omondi J., in Eld H.C. Succession Cause No 369 of 2004. The dispute before the High Court involved the estate of the late Gedion Sawe Kipkessio (deceased). The applicants, who belonged to the deceased’s 1st house, had petitioned for the grant of probate over the deceased’s estate on the basis of a written will. The respondent, the 2^nd wife and widow of the deceased, objected to the said grant, challenging the existence of the will. Upon hearing the matter, the learned Judge found for the respondent and distributed the deceased’s estate in accordance with the provisions of Section 40 of the Law of Succession Act.

[2] Aggrieved by the said outcome, the applicants filed a Notice of Appeal and the instant motion that seeks an order of stay of execution of the aforesaid judgment and decree. The applicatio…