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. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/3790/eng@2025-03-25 1
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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. CHEPKWONY JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/3790/eng@2025-03-25 2
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