IN THE MATTER OF THE ESTATE OF THE LATE M’MIRITI M’ATUNE (DECEASED)

RULING

Francis Kithinji (objector) has filed summons dated 14^th December 2010. By that summons he seeks stay of judgment of this court delivered on 22^nd October 2010. He seeks stay pending the determination of his appeal in the Court of Appeal. He seeks to stay the transfer of the deceased property as per the grant confirmed in the said judgment. The basis of seeking the orders of stay is as stated in his affidavit that he has high chances of success in his appeal. He also deponed that he has received threats of eviction from the properties of his estate. The estate comprises of the following properties:-

The objector as can be seen from the above list was not the only beneficiary of the estate of the deceased. Since the deceased died intestate and because the court had not made a determination on who was to inherit the estate of the deceased the objector fails to clarify why he would occupy and develop the whole estate of the deceased to the exclusion of the other beneficiaries. I have considered the affidavit of the objector and that of the petitioner and I find no basis for the orders that are sought in the summons dated 14^th December 2010. That application is dismissed with costs being awarded to the petitioner.