RULING OF THE COURT
1. The applicant’s Notice of Motion dated 8th May, 2020 seeks an injunction to restrain the respondent from interfering with the estate of Justus M’Muriithi M’Bagiri (deceased) and stop implementation of the Meru High Court decision dated 18th December, 2019 pending hearing and disposal of an intended appeal. He also sought stay of execution of the said judgment pending the intended appeal.
2. In the impugned judgment, the High Court held that the applicant was not a wife of the deceased; that she moved into the deceased’s rental property as a tenant; that the respondent was the only wife of the deceased, the two having contracted a monogamous marriage; and that therefore the applicant was not entitled to any share of the deceased’s estate as she was not a dependant thereof.
3. The applicant, being aggrieved by the trial court’s decision, intends to appeal to this Court and has filed a notice of appeal.
4. In the draft memorandum of appeal, the applicant intends to arg…