RULING OF THE COURT
Following the dismissal of their application for revocation of grant on 17th September, 2010, Peris Wanja, Milka Wangui, Teresia Nyambura, and Mary Mumbi, the applicants, filed a notice of appeal in the High Court on 1st October, 2010 declaring their intention of appealing to this Court against that decision. On the basis of that notice, they have taken out a notice of motion pursuant to the provisions of rule 5(2)(b) of the Court of Appeal Rules for, principally, an order staying the execution of the decision of the High Court, aforesaid pending the outcome of their intended appeal.
In their application for revocation of grant, the applicant alleged that Hannah Njeri Muthumbi, the respondent, had secretly applied for confirmation of the grant of the estate of Nahashon Wamukurwe Muthumbi, and distributed his estate in an unfair manner. The application was determined by way of affidavit evidence by the consent of the parties. Upon consideration of the affidavit eviden…