Case ID:169994

Winnie Mukolwe (sued as the administrator of the estate of David Nyambu Jonathan Kituri deceased) & 12 others v Lucy Wanjiku Muchai t/a Bellavin Investments [2021] eKLR

Case Metadata

Case Number:

Civil Appeal (Application) E335 of 2020

Parties:

Winnie Mukolwe (sued as the administrator of the estate of David Nyambu Jonathan Kituri deceased), Julia Kirira (sued as the administrator of the estate of David Nyambu Jonathan Kituri deceased), Hope Mutua (sued as the administrator of the estate of David Nyambu Jonathan Kituri deceased), Clara Kitao, Delina Nasibu, Flora Nyange, Emily Mwaro, Irene Kituri, Damaris Kituri, Henry Kituri, Aswani Nzee, Mercy Nzee & Cicilia Nzee v Lucy Wanjiku Muchai t/a Bellavin Investments

Date Delivered:

05 Feb 2021

Case Class:

Civil

Court:

Court of Appeal at Nairobi

Case Action:

Ruling

Judge(s):

Martha Karambu Koome

Citation:

Winnie Mukolwe (sued as the administrator of the estate of David Nyambu Jonathan Kituri deceased) & 12 others v Lucy Wanjiku Muchai t/a Bellavin Investments [2021] eKLR

Case History:

(Being an application for stay of execution of the order by the Environment and Land Court of Kenya (Gacheru, J.) dated 15th October, 2020 in ELC CASE No. 175 of 2019)

Court Division:

Civil

County:

Nairobi

History Docket No:

ELC Case 175 of 2019

History Judges:

Lucy Nyambura Gacheru

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

IN TH COURT OF APPEAL

AT NAIROBI

(CORAM: KOOME, J.A (IN CHAMBERS)

CIVIL APPEAL (APPLICATION) NO. E335 OF 2020

BETWEEN

WINNIE MUKOLWE

(sued as the administrator

of the estate of

DAVID NYAMBU JONATHAN KITURI -

deceased)...............................................1

ST

APPELLANT/APPLICANT

JULIA KIRIRA (

sued as the administrator

of the estate of

DAVID NYAMBU JONATHAN KITURI –

deceased).............................................2

ND

APPELLANT/APPLICANT

HOPE MUTUA

(sued as the administrator

of the estate of

DAVID NYAMBU JONATHAN KITURI

deceased)............................................3

RD

APPELLANT/APPLICANT

CLARA KITAO................................4

TH

APPELLANT/APPLICANT

DELINA NASIBU............................5

TH

APPELLANT/APPLICANT

FLORA NYANGE...........................

6

TH

APPELLANT/APPLICANT

EMILY MWARO.............................7

TH

APPELLANT/APPLICANT

IRENE KITURI...............................8

TH

APPELALNT/APPLICANT

DAMARIS KITURI.......................

9

TH

APPELLANT/APPLICANT

HENRY KITURI............................10

TH

APPELLANT/APPLICANT

ASWANI NZEE...............................11

TH

APPELLANT/APPLICANT

MERCY NZEE...............................12

TH

APPELLANT/APPLICANT

CICILIA NZEE..............................13

TH

APPELLANT/APPLICANT

AND

LUCY WANJIKU MUCHAI t/a

BELLAVIN INVESTMENTS........................................RESPONDENT

(Being an application for stay of execution of the order by the Environment

and Land Court of Kenya (Gacheru, J.) dated 15

th

October, 2020

in ELC CASE No. 175 OF 2019)

*******************

RULING

On 4

th

November, 2020 I declined to certify the Notice of Motion dated 28

th

October, 2020 as urgent. Counsel for the applicant requested for an

inter partes

hearing on the issue of urgency as provided under

Rule 47

of the Court of Appeal Rules. Upon considering the matters raised in the letter by counsel for the applicant dated 12

th

November, 2020, his submissions on the issue of urgency as well as the submissions by counsel for the respondents who are opposed to the matter being certified as urgent. I am persuaded that most of the appellants are advanced in age and a continued delay in finalizing the issues raised therein may impact on their health negatively. I accordingly certify the Notice of Motion dated 28

th

October, 2020 as urgent to be given a priority hearing date

Dated and delivered at Nairobi this 5

th

of February, 2021.

M. K. KOOME

...................................

JUDGE OF APPEAL

I certify that this is a true

copy of the original.

Signed

DEPUTY REGISTRAR