[2025] KEHC 3790 (KLR)
The court found that both parties consented to the stay of execution of the ruling and Certificate of Confirmation of Grant pending the hearing and determination of the appeal. The court further held that it was in the interests of justice to restrain the administrators from taking any action relating to the...
Source-derived case information.
- Citation
- [2025] KEHC 3790 (KLR)
- Parties
- Appellant: Stephen Muiruri; Respondent: Teresia Mumbi Macharia; Respondent: Virginia Wanja Njuguna
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Family Appeal E001 of 2025
- Procedural Posture
- Family Appeal / Interlocutory Ruling on Stay and Directions Pending Appeal
- Outcome
- Interlocutory orders granted as per consent and directions; stay of execution issued; appeal admitted for hearing.
- Judges
- DO Chepkwony
- Legal Topics
- Probate and Administration, Stay of Execution, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Muiruri
Appellant
Teresia Mumbi Macharia
Respondent
Virginia Wanja Njuguna
Respondent
Procedural Posture
Family Appeal / Interlocutory Ruling on Stay and Directions Pending Appeal
Legal Issues
- 1 Whether to grant a stay of execution of the ruling and Certificate of Confirmation of Grant pending appeal.
- 2 Whether to restrain the administrators from distributing the estate pending appeal.
- 3 Whether to deem the Memorandum and Record of Appeal as duly filed and served.
Ratio Decidendi
The court found that both parties consented to the stay of execution of the ruling and Certificate of Confirmation of Grant pending the hearing and determination of the appeal. The court further held that it was in the interests of justice to restrain the administrators from taking any action relating to the distribution of the estate until the appeal is heard and determined. The Memorandum and Record of Appeal were deemed duly filed and served to expedite the process. The court issued directions for the filing of written submissions and set a mention date to confirm compliance and take further directions. The orders were made to preserve the estate and ensure the appeal is not rendered...
Court Disposition
Interlocutory orders granted as per consent and directions; stay of execution issued; appeal admitted for hearing.
Orders
- Stay of execution of the ruling issued on 18th December, 2024 and any consequent Certificate of Confirmation of the Grant pending the hearing and determination of the appeal.
- Administrators restrained from proceeding with any action relating to the distribution of the estate pending the hearing and determination of the appeal.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Teresia Mumbi Macharia (Deceased) (Family Appeal E001 of 2025) [2025] KEHC 3790 (KLR) (25 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3790 (KLR)
Republic of Kenya
In the High Court at Kiambu
Family Appeal E001 of 2025
DO Chepkwony, J
March 25, 2025
Between
Stephen Muiruri
Appellant
and
Teresia Mumbi Macharia
1st Respondent
Virginia Wanja Njuguna
2nd Respondent
Ruling
1. The matter is for mention for parties to confirm compliance of directions issued on the Notice of Motion application dated 20th January, 2025.
2. Upon listening to both counsel for the parties herein, it has been agreed that the Notice of Motion application dated 20th January, 2025 be and id hereby dispensed with in the terms presented to enable the parties take directions on hearing of the appeal for purposes of expediting this matter.
3. In the circumstances:-a.That there be a stay of execution of the ruling issued on 18th December, 2024 and any consequent Certificate of Confirmation of the Grant pending the hearing and determination of the appeal.b.That the Administrators be and are hereby restrained from proceedings with any action relating to the distribution of the Estate pending the hearing and determination of the appeal.c.The Memorandum of Appeal together with the Record of Appeal dated 19th March, 2025 be and are hereby deemed as duly filed and served.d.The Appeal is hereby admitted for hearing.e.The parties to canvass the Appeal by way of written submissions.f.The Appellants to file and serve written submissions within fourteen (14) days from the date hereof.g.The Respondents to equally file and serve written submissions within fourteen (14) days of being served with the Appellant’s submission.h.Mention on 6th May, 2025 for parties to confirm compliance and take further directions.i.The Deputy Registrar to call for and avail the original record of proceedings in the Chief Magistrate’s Court MCSUCC. NO.E061 of 2023, Teresia Mumbi Macharia and Virginia Wanja Njuguna –vs- Stephen Muiruri.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 25TH DAY OF MARCHH, 2025. D. O. CHEPKWONYJUDGE