RULING OF THE COURT
In a Judgment delivered on 17th July, 2020 at the High Court of Kenya at Kakamega the Judge distributed a parcel of land known as South Wanga/Lureko/181 to seven persons after those granted letters of administration had failed to agree on the mode of distribution. The question for the Judge to determine in the case was whether Ali Omondi Malichi (the 1st respondent) and Maneya Makokha Osambayo (the 2nd respondent) were beneficiaries to the estate of the late Odipo Wangoma. The Judge found that they were beneficiaries and awarded them appropriate acreages of land. Francis Wesonga Odipo (the 1st applicant) and Ramadhan Mungayi (the 2nd applicant) were dissatisfied with those findings and filed a Notice of Appeal.
In the Motion brought under rules 5(2) (b), 41 and 47 of the rules of this Court we are asked in the main to stay execution of the said Judgment and subsequent proceedings in Kakamega High Court Succession Cause No. 595 of 2009 pending hearing of the applicati…