Patrick Kumbiti v Francis Muriati M’Kirichiu & another [2021] KEHC 5893 (KLR)
- Court
- High Court of Kenya
- Case number
- 5893
- Citation
- [2021] KEHC 5893 (KLR)
An order for stay of execution of the Judgment delivered on 3rd November 2020 by Hon P. M. Wechuli in Tigania PM Succession Cause No. 66B of 2019 is issued pending the hearing and determination of the intended Appeal.
Facts
The deceased had no wife or children, and the Appellant claims there is no oral will left by the deceased, while the Respondents claim there is one. The Appellant is in occupation of the deceased's property and fears eviction if the appeal is not heard.
Issues
- Whether to stay implementation of the Judgement of Hon P. M. Wechuli in Succession Cause No. 66B of 2019 pending the hearing and determination of the appeal herein
Reasoning
The Court finds that the Appellant's appeal is arguable and that substantial loss will result if the stay is not granted. The Court is not convinced that allowing the parties to deal with the property while a dispute is pending is the most efficacious course.
Outcome
The Court grants the stay of execution.
Orders
- An order for stay of execution of the Judgment delivered on 3rd November 2020 by Hon P. M. Wechuli in Tigania PM Succession Cause No. 66B of 2019 is issued pending the hearing and determination of the intended Appeal.
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