In re Estate of Gibson Githinji Gitonga (Deceased) [2017] KEHC 7388 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

SUCCESSION CAUSE NO. 820 OF 2009

IN THE MATTER OF THE ESTATE OF GIBSON GITHINJI GITONGA (DECEASED)

ANN MUTHONI GITHINJI…………………......…APPLICANT

VERSUS

LUCIA WANJIKU GITHINJI……...………...…RESPONDENT

RULING

The Applicant/Petitioner applied to this Court for review of this Court’s Judgment/Ruling of 15th February, 2016 which was after interpartes hearing of both parties and their witnesses.

As  of  15th   November,  2016  it  came  to  this  Court’s  attention  that  the original  Court  file  disappeared  after  the  Court’s  Judgment  of  15th January, 2016. The Court file was reconstructed.

Todate, the Petitioner claims they have appealed this Court’s Judgment and there have been no documents presented/ filed in this Court to confirm the appeal or stay of execution of this Court orders.

In absence of the same, the Court grants the Applicant/Petitioner leave to pursue the application for review on a date to be obtained from the Registry and the Court file be kept in the strong room.

DELIVERED SIGNED & DATED AT NAIROBI THIS 22NDFEBRUARY2017.

M.W MUIGAI

JUDGE

In presence of:-

Ms. Mary Mwagiru