RHODA WAIRIMU KARANJA & JOHN KIOI KARANJA V. MARY WANGUI KARANJA & SALOME NJERI KARANJA

RULING OF THE COURT

Although this matter has had a truly chequered history of a family dispute ,the present application raises only two points of law; first, whether leave of this Court is required to appeal to it from the decision of the High Court in probate and administration matters and secondly, whether the applicant has locus standi to bring the instant application.

This is how those questions have arisen. James Karanja alias James Kioi died testate on 3^rd February, 1995. The grant of probate was issued on 15^th December, 1999 after a protracted trial on an objection. The certificate of confirmation of grant was eventually on 2^nd December, 2005 issued to two executrices, Mary Wangui Karanja and Salome Njeri, daughters of the deceased, the respondents. Following that confirmation, there have been a plethora of applications on all manner of things.

It is the decision of the High Court (Musyoka, J.) in one of these many applications that has given rise to the application before us. In …