Raphael Murungi Geoffrey & another v Kenneth Micheni M’buri (Legal Representative of Estate of Geoffrey M’buuri Magiri (Deceased) [2020] KEHC 1782 (KLR)
- Court
- High Court of Kenya
- Case number
- 1782
- Citation
- [2020] KEHC 1782 (KLR)
- Decided
- 11 November 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureAppeal from a lower court decisionCoramL.W. GITARI
Holding
The application is allowed, and the appeal is extended to be filed within 30 days from the date of the ruling. There is a stay of implementation of the confirmed grant and further proceedings pending the appeal.
Facts
The applicants filed an application under Section 50 of the Law of Succession Act to stay the implementation of a confirmed grant and related proceedings. The respondent filed a protest against the mode of distribution proposed by the respondent.
Issues
- Whether the application for stay of implementation of the confirmed grant and related proceedings should be granted
- Whether the application for extension of time to file appeal should be granted
Reasoning
The court finds that the applicants have explained the reason for the delay and should not suffer for the mistake of their former advocate. The respondents do not stand to suffer any prejudice.
Outcome
The application is allowed
Orders
- Extension of time to file appeal
- Stay of implementation of the confirmed grant
- Stay of further proceedings pending the appeal
Remedies
- Extension of time to file appeal
- Stay of implementation of the confirmed grant
- Stay of further proceedings pending the appeal
Authorities cited
Legislation (2)
- Law of Succession Act
- Probate and Administration Rules
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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