Prisca Wanjiku Kimanga & another v Alice Wanjiku Mwangi & 4 others [2016] KEHC 7792 (KLR)
- Court
- High Court of Kenya
- Case number
- 7792
- Citation
- [2016] KEHC 7792 (KLR)
- Decided
- 7 June 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSuccessionPostureApplication for extension of time to seek leave to appeal and stay of ordersCoramA.O. MUCHELULE, W. MUSYOKA
Holding
The application for leave to appeal is allowed, and the applicants are granted leave to file the Notice of Appeal. The application for stay is dismissed.
Facts
The deceased left a will, but the court revoked the grant of letters of administration intestate and ordered the executors to file a petition for grant of probate.
Issues
- Whether the applicants can seek leave to appeal the decision
- Whether the applicants can obtain a stay of the orders pending the appeal
Reasoning
The court found that leave was required before the appeal was filed, and the delay was not inordinate. The applicants have not shown that they will suffer substantial loss if the stay is not granted.
Outcome
The application is allowed.
Orders
- The applicants are granted leave to file the Notice of Appeal.
- The application for stay is dismissed.
Remedies
- The applicants are granted leave to file the Notice of Appeal.
- The applicants are not granted a stay.
Authorities cited
Cases cited (1)
- Makhangu –v-s Kibwana [1995-198] 1 EA 175
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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