In re Estate of Paul Karanja Wanjihia (Deceased) (Family Appeal E005 of 2024) [2025] KEHC 18635 (KLR) (Family) (18 December 2025) (Ruling)

If the court does not stay execution of the judgment, the appeal will become academic. To serve justice, it is fair to issue the requested orders pending the appeal's decision.

Citation: [2025] KEHC 18635 (KLR)
Parties: Applicant: Peter Njoroge Kagotho; 1st Respondent: Grace Wanjiru Karanja; 2nd Respondent: Elijah Muregi Kigotho
Court: High Court
Jurisdiction: Kenya
Judgment Date: 18 December 2025
Case Number: Family Appeal E005 of 2024
Procedural Posture: Family Appeal / Ruling on Application for Stay of Execution and Leave to Appeal
Outcome: Application allowed
Legal Topics: Stay of Execution, Leave to Appeal, Probate and Administration
Source Language: English

Succession Law Civil Procedure Stay of Execution Leave to Appeal Probate and Administration

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Parties

Peter Njoroge Kagotho

Applicant

Grace Wanjiru Karanja

1st Respondent

Elijah Muregi Kigotho

2nd Respondent

Procedural Posture

Family Appeal / Ruling on Application for Stay of Execution and Leave to Appeal

Legal Issues

1 Whether the applicant is entitled to stay of execution of the judgment pending appeal
2 Whether the applicant should be granted leave to appeal to the Court of Appeal

Ratio Decidendi

If the court does not stay execution of the judgment, the appeal will become academic. To serve justice, it is fair to issue the requested orders pending the appeal's decision.

Court Disposition

Application allowed

Orders

Stay of execution of the judgment delivered on 7th May 2025 granted pending appeal
Leave to appeal to the Court of Appeal granted; appeal to be filed within 30 days, failing which stay lapses