RULING OF THE COURT
1. On 11th October 2017, the trial court sitting at Migori delivered a judgment revoking and annulling letters of administration granted in relation to the Estate of Chacha Mwita Murimi and the Estate of Murimi Mwita Murimi. Upon delivery of the ruling, the respondents were aggrieved and a Notice of Appeal was filed on 15th October 2017. The Record of Appeal was served upon the applicants on 1st August 2018. It is alleged that the impugned ruling arose from a Succession Cause and the respondents herein never sought leave of the High Court to institute the appeal, file and serve the Record of Appeal in this matter. That in succession matters, no right of appeal without leave, ensues automatically.
2. Aggrieved by the filing and service of the notice and record of appeal prior to obtaining leave of the court, the applicants herein filed a Notice of Motion dated 9th August 2018 seeking an order to strike out the record of appeal. The Motion is supported by an affidavit …