In re Estate of Micheal Kinyua Murungu (Deceased) [2021] KECA 1085 (KLR)
- Court
- Court of Appeal
- Case number
- 1085
- Citation
- [2021] KECA 1085 (KLR)
- Decided
- 18 January 2021
The court granted the plaintiff's application for an injunction to stop the defendant from using the Limited Grant ad Colligenda Bona and granted leave to appeal the impugned ruling.
Facts
The plaintiff is a surviving spouse of the deceased, seeking an injunction against the defendant to stop using, declaring, or relying on a Limited Grant ad Colligenda Bona issued on February 18, 2020, to issue eviction notices, harass, or interfere with the plaintiff's and her tenants' occupation of the premises. The plaintiff also seeks leave to appeal the impugned ruling.
Issues
- Whether the plaintiff is entitled to an injunction to stop the defendant from using the Limited Grant ad Colligenda Bona
- Whether the plaintiff is entitled to leave to appeal the impugned ruling
Reasoning
The court found that the plaintiff is a surviving spouse with full rights to seek the remedy on extension of time to file an appeal and an injunction to preserve the estate property pending the determination of the intended appeal.
Outcome
Appeal granted
Orders
- An order of injunction to stop the defendant from using the Limited Grant ad Colligenda Bona
- Leave to appeal granted
Remedies
- Injunction to preserve the estate property pending the determination of the intended appeal
Authorities cited
Legislation (2)
- Civil Procedure Act
- Intestate Proceedings Act
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