https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7770

The court was satisfied from the affidavit of service that the respondents had been duly served and, there being no response or opposition, it allowed the application in full, granting stay, leave to appeal out of time, and deemed filing of the memorandum of appeal.

Source-derived case information.

Citation: [2026] KEHC 7770 (KLR)
Parties: Applicant: Geoffrey Wekesa Muhindi; Respondent: Winner Naliaka Wanjala
Court: High Court
Jurisdiction: Kenya
Case Number: Probate & Administration E003 of 2026
Procedural Posture: Probate & Administration Application for Leave to Appeal Out of Time and Stay of Execution / Ruling on Unopposed Application
Outcome: Application allowed in its entirety
Judges: ["E Ominde"]
Legal Topics: Leave to Appeal Out of Time, Stay of Execution, Service of Process, Unopposed Application, Memorandum of Appeal Deemed Filed
Source Language: en

Probate and Administration Civil Procedure Leave to Appeal Out of Time Stay of Execution Service of Process Unopposed Application Memorandum of Appeal Deemed Filed

Source-derived case record

Summary, issues, holding and outcome

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Parties

Geoffrey Wekesa Muhindi

Applicant

Winner Naliaka Wanjala

Respondent

Procedural Posture

Probate & Administration Application for Leave to Appeal Out of Time and Stay of Execution / Ruling on Unopposed Application

Legal Issues

1 Whether the applicant had made out a case for stay of execution pending the application
2 Whether leave should be granted to file an appeal out of time
3 Whether the annexed memorandum of appeal should be deemed duly filed

Ratio Decidendi

Court Disposition

Application allowed in its entirety

Orders

Order of stay of execution of the ruling and orders delivered on 8 November 2024 in MCSUCC/163/2018 set aside
Leave granted to the applicant to file an appeal out of time against the ruling and orders delivered on 8 November 2024 in Webuye Succession 163 of 2018

Full Case Text

Judgment text and source record

1 paragraphs

Muhindi v Wanjala (Probate & Administration E003 of 2026) [2026] KEHC 7770 (KLR) (26 May 2026) (Ruling) Neutral citation: [2026] KEHC 7770 (KLR) Republic of Kenya In the High Court at Bungoma Probate & Administration E003 of 2026 E Ominde, J May 26, 2026 IN THE MATTER OF: An Intended Appeal from the Ruling and Orders of Hon. P.Y Kulecho; Principal Magistrate delivered on 8th November 2024 in Webuye P&A Cause No. MCSUCC/163/2018 (Estate of Muhindi Matendechere) Between Geoffrey Wekesa Muhindi Applicant and Winner Naliaka Wanjala Respondent Ruling 1.Before this court is an application by the applicant dated 4th December 2025 brought Under Section 16A of the Environment and Land Court Act, Section 79G of the Civil Procedure Act and Article 159(2)(d) of the Constitution seeking the following orders;a.Spentb.That there be a stay of execution of the Orders/Ruling delivered on the 8th November, 2024 in MCSUCC/163/2018 pending the hearing and determination of this Application inter-partiesc.That this Honourable Court be pleased to grant leave to the Applicant to file an Appeal out of time against the Ruling and Orders delivered on the 8th November, 2024 in Webuye Succession 163 of 2018.d.That upon grant of leave, the annexed Memorandum of Appeal be deemed as duly filed upon payment of the requisite fees.e.That costs of this Application be provided for. 2.The application is premised on the grounds on the face of it and the facts deposed in Supporting Affidavit of Geoffrey Wekesa Muhindi sworn on 5th December, 2025. 3.Counsel for the Applicant, Ms. Nekesa stated that the Application was served and their Affidavit of Service dated 3rd May 2026 is filed. That they have not been served with any response and she therefore prays that their Application be allowed. 4.I have perused the Affidavit of service and being satisfied that the Respondents were duly served and they have not filed any response to the Application, the application dated 4th December 2025 is now hereby allowed in its entirety as follows;a.That an order of stay of execution of the Orders/Ruling of Hon. P.Y Kulecho (PM) delivered on the 8th November, 2024 in MCSUCC/163/2018, be and is now hereby set aside.b.That leave is now hereby granted to the Applicant to file an Appeal out of time against the Ruling and Orders delivered on the 8th November, 2024 in Webuye Succession 163 of 2018.c.That the annexed Memorandum of Appeal shall now hereby be deemed to be duly filed upon payment of the requisite fees.d.That costs shall be in the cause.e.That the matter is to be heard before High Court No. 2 where it is to be mentioned on the 14th July 2026 for further directions. READ DATED AND SIGNED AT BUNGOMA ON 26TH DAY OF MAY, 2026E. OMINDEJUDGE

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