In Re Estate of Leo Apopa

RULING OF THE COURT

Background

[1] The application before the Court is brought pursuant to Rule 5 (2)(b) of the Court of Appeal Rules.

[2] Thomas Ochieng Apopa and Robert Onyango Apopa (applicants) have applied to this Court for orders to stay execution of the orders of the High Court made on 10^th August, 2016 by Majanja, J in Kisumu Succession Cause No. 370 of 2006 pending appeal.

[3] The background of this application as can be gleaned from the record is that Philip Leo Apopa, (Deceased), died intestate on 22^nd October, 2005. Five of the deceased’s sons namely George Apopa, Fredrick Apopa, Julius Apopa, Paul Apopa and Dominic Apopa (the Respondents herein) petitioned for grant of Letters of Administration of the Estate of the Deceased. An objection to the issuance of the grant of Letters of Administration was lodged on 11^th February, 2006 by the applicants who are also sons of the deceased. A grant was duly issued to the administrators on 24^th September, 2008 after the objection lodged …