In re Estate of M’Mbutura M’Twanthuku (Deceased) [2019] KEHC 9524 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

SUCCESSION CAUSE NO. 196 OF 2013

IN THE MATTER OF THE ESTATE OF M’MBUTURA M’TWANTHUKU - DCD

TABITHA NJIRU N’RINGERA............................................PETITONER/RESPONDENT

VERSUS

KABURU M’MBUTURA............................................................APPLICANT/OBJECTOR

RULING

By an application dated 15th January 2019 Tabitha Njiru M’Ringera/Petitioner herein seeksfor an order that stay of execution of ruling deliverdd on 29th November 2018 be granted.

It was also her prayer that an order of inhibition restrating dealings on LR Abothuguchi/Mariene/104 do issue pending hearing and determination of an intended appeal.  The application was supported by affidavit of Tabitha Njiru M’Rinera and the grounds on the face of the application.

The Respondent Kaburu M’Mbutura filed a Replying affidavit in opposition to the application sworn on 28th January 2019.

Directions were taken that application be canvassed by way of written submissions but none has so far been filed.  The applicant has not filed the intended appeal and this court can’t assume that the intention will ever be executed in the future.  After all the applicant had 30 days from 29th November 2018 and 2 months have lapsed since and there is no indication notice of Appeal was filed in the Court of Appeal or that an application was made for supply of proceedings herein.

This matter was filed in 2010 and canvassed by viva voce evidence and the application herein is seen by the court as a ploy to delay the winning party from enjoying his award.  The application dated 15th January 2019 has no merit and same is dismissed with costs to the Respondents.

HON. A.ONG’INJO

JUDGE

RULING DELIVERED, SIGNED AND DATED THIS 26TH DAY OF FEBRUARY  2019.

HON. A.ONG’INJO

JUDGE

IN THE PRESENCE OF:

C/A:-

PETITONER/RESPONDENT:- Mr Gikunda Anampiu Advocate – N/A

APPLICANT/OBJECTOR:- Mr Ngugi Advocate holding brief for Ngunjiri for applicant

HON. A.ONG’INJO

JUDGE