[2020] KECA 458 (KLR)
The court found that the present application was identical in parties and prayers to Civil Application No. 20 of 2020, save for being filed by different advocates. The court had already rendered a ruling in the earlier application, and therefore, to avoid duplicity and conflicting decisions, the ruling in Civil...
Source-derived case information.
- Citation
- [2020] KECA 458 (KLR)
- Parties
- Applicant: Alice Mwikali Ngumbi; Applicant: Sammy Nganda Ngumbi; Applicant: Peter Ngila Ngumbi; Applicant: John Carthese Ngumbi; Applicant: Stephen Museli Ngumbi; Applicant: Amos Kyondu Ngumbi; Applicant: Joseph Munyenyi Ngumbi; Applicant: Christine Ngina Ngumbi; Respondent: Sabina Mumbua Ngumbi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 99 of 2020
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time and Leave to Appeal
- Outcome
- Application disposed of by applying the ruling in Civil Application No. 20 of 2020 mutatis mutandis.
- Judges
- J Karanja
- Legal Topics
- Extension of Time, Leave to Appeal, Succession Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alice Mwikali Ngumbi
Applicant
Sammy Nganda Ngumbi
Applicant
Peter Ngila Ngumbi
Applicant
John Carthese Ngumbi
Applicant
Stephen Museli Ngumbi
Applicant
Amos Kyondu Ngumbi
Applicant
Joseph Munyenyi Ngumbi
Applicant
Christine Ngina Ngumbi
Applicant
Sabina Mumbua Ngumbi
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time and Leave to Appeal
Legal Issues
- 1 Whether the applicants are entitled to extension of time to lodge an application for special leave to appeal.
- 2 Whether leave to appeal against part of the High Court ruling should be granted.
Ratio Decidendi
The court found that the present application was identical in parties and prayers to Civil Application No. 20 of 2020, save for being filed by different advocates. The court had already rendered a ruling in the earlier application, and therefore, to avoid duplicity and conflicting decisions, the ruling in Civil Application No. 20 of 2020 would apply mutatis mutandis to the present application. The court thus declined to consider the application afresh and ordered that the previous ruling governs this matter.
Court Disposition
Application disposed of by applying the ruling in Civil Application No. 20 of 2020 mutatis mutandis.
Orders
- The ruling in Civil Application No. 20 of 2020 shall apply mutatis mutandis to this application.
Full Case Text
Judgment text and source record
27 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: KARANJA, JA. (IN CHAMBERS)
CIVIL APPLICATION NO. 99 OF 2020
BETWEEN
ALICE MWIKALI NGUMBI...................1STAPPLICANT
SAMMY NGANDA NGUMBI..................2NDAPPLICANT
PETER NGILA NGUMBI..........................3RDAPPLICANT
JOHN CARTHESE NGUMBI....................4THAPPLICANT
STEPHEN MUSELI NGUMBI..................5THAPPLICANT
AMOS KYONDU NGUMBI.......................6THAPPLICANT
JOSEPH MUNYENYI NGUMBI...............7THAPPLICANT
CHRISTINE NGINA NGUMBI.................8THAPPLICANT
AND
SABINA MUMBUA NGUMBI.......................RESPONDENT
(An application for extension of time to lodge an application for special leave as well as seek leave to appeal against part of the Ruling of the High Court of Kenya at Machakos (D. K. Kemei, J.) dated and delivered on 30th July, 2019 which dismissed the summons for Revocation of grant dated 20th November, 2017in H.C. Succession Cause No. 55 of 2016)
******************
RULING
The parties herein are exactly the same parties in Civil Application No. 20 of 2020. The orders sought are the same and the only difference is that the applications are filed by different firms of advocates. I have considered the prayers in Civil Application No. 20/20 and rendered my Ruling in that file.
That Ruling will apply mutatis mutandis to this application. I so order.
Dated and delivered at Nairobi this 7thday of August, 2020.
W. KARANJA
........................................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
Signed
DEPUTY REGISTRAR