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Violet Ciambaka Sabari v. Phares Gitari Njeru, Charles Mutegi Njeru & Robert Njoka Njeru

(2020) JELR 95153 (CA)

Court of Appeal  •  Civil Application 64 of 2020  •  4 Dec 2020  •  Kenya

Martha Karambu Koome, Wanjiru Karanja, William Ouko



In the High Court at Chuka, Limo, J determined two applications, one of which sought for the confirmation of grant of probate and the other was asking that court for leave to appeal and to stay orders issued on 13th February, 2020.

In the orders of 13th February, 2020, the learned Judge had found that the applicant was not a dependant of the deceased because her late husband, Erastus Mwalimu, through whom she based her claim of dependency, was neither a child nor a dependant of the deceased.

With that, the Judge allowed the summons for confirmation of grant and dismissed the prayers for leave to appeal and stay of execution.

But apprehensive that if execution of the decree were to proceed, she would be disinherited, the applicant invoked Rule 5(2)(b) of the Court of Appeal Rules and took out a motion for stay of execution, in which she argued that the intended appeal is arguable, the main question being, whether her husband was the deceased’s son.

The only objection rai…

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