FRANCIS GAKURU WANGOCHI v MARY WANJIKU KIMINDU & ANOTHER [2007] KEHC 1045 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU

Misc 155 of 2006

FRANCIS GAKURU WANGOCHI………………………….…………APPLICANT

VERSUS

MARY WANJIKU KIMINDU……………….……….....….……1ST RESPONDENT

JOHN MUTONYI KIMINDU…………………………..……..…2ND RESPONDENT

RULING

Application dated 2/11/2006 seeks stay or execution pending hearing and determination of Revocation of Grant in Succession Case No. 21 of 1998.

I have perused the application and the lengthy supporting affidavit. I have also perused Replying Affidavit and heard submissions of both counsel.  It is my view that stay is appropriate pending the outcome of revocation to avoid much costs and expenses. I allow the application and grant orders sought.  The Applicant shall give security by way of undertaking for damages, costs and other expenses that may be suffered to any party for granting of this order.

Costs of application to be in the cause.

Dated this 10th July, 2007.

J. N. KHAMINWA

JUDGE

10/7/2007

Khaminwa – Judge

Njue – Clerk

Mr. Ndewa

Mr. Gitonga

Ruling read in open court.

J. N.  KHAMINWA

JUDGE