[2002] KECA 229 (KLR)
The court found that section 50 of the Succession Act was inapplicable because the matter did not originate in the Magistrate's Court and the decision intended to be appealed against was not of the High Court. The judge was persuaded that the circumstances of the case justified the exercise of judicial discretion in...
Source-derived case information.
- Citation
- [2002] KECA 229 (KLR)
- Parties
- Applicant: Beth Nyambura Kimani; Respondent: Joyce Nyakinyua Kimani
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 388 of 2001
- Procedural Posture
- Civil Application / Application for Leave to Appeal Out of Time
- Outcome
- application granted
- Legal Topics
- Leave to Appeal Out of Time, Succession Proceedings, Exercise of Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Beth Nyambura Kimani
Applicant
Joyce Nyakinyua Kimani
Respondent
Procedural Posture
Civil Application / Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to appeal out of time.
- 2 Whether section 50 of the Succession Act applies to the present matter.
Ratio Decidendi
The court found that section 50 of the Succession Act was inapplicable because the matter did not originate in the Magistrate's Court and the decision intended to be appealed against was not of the High Court. The judge was persuaded that the circumstances of the case justified the exercise of judicial discretion in favour of the applicant. Consequently, leave to appeal out of time was granted, subject to the applicant filing a notice of appeal within 10 days and the record of appeal within 45 days.
Court Disposition
application granted
Orders
- Leave to appeal out of time is granted.
- Notice of Appeal to be filed within 10 days from the date of the ruling.
Full Case Text
Judgment text and source record
20 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: LAKHA, J.A. (IN CHAMBERS))
CIVIL APPLICATION NO. NAI. 388 OF 2001
BETWEEN
BETH NYAMBURA KIMANI ........................................APPLICANT
AND
JOYCE NYAKINYUA KIMANI ...................................RESPONDENT
(Application for Leave to Appeal out of time in an intended appeal from a Judgment of the High Court of Kenya at
Nairobi (Hon. Mr. Justice Githinji) dated 12th day
October, 1988
in
H.C.SUCC. CAUSE NO. 130 OF 1993)
*********************
R U L I N G
Section 50 of Succession Act does not apply as this matter did not originate in the Magistrate's Court and the decision intended to be appealed against is not of the High Court. I am persuaded that this is a fit and proper case for the exercise of my discretion. Accordingly I grant the application. Notice of Appeal within 10 days from today and record within 45 days thereafter. Costs to abide the appeal.
Made at Nairobi this 4th day of November, 2002.
A.A. LAKHA
.................... JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR