[2015] KEHC 4131 (KLR)

[2015] KEHC 4131 (KLR)

The court found that the applicant failed to demonstrate an arguable appeal with any chances of success. The judgment under appeal only dealt with the distribution of the deceased's half share in the jointly owned land, leaving the applicant's half share unaffected. The applicant's claim that he would be rendered...

Source-derived case information.

Citation
[2015] KEHC 4131 (KLR)
Parties
Applicant: Gitari M’Mwando; Respondent: Felister Wanjiru Njeru
Court
High Court
Court Station
High Court at Embu
Jurisdiction
Kenya
Case Number
Succession Cause 516 of 2002
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
application dismissed with costs
Judges
FN Muchemi
Legal Topics
Stay of Execution, Probate and Administration, Distribution of Estate, Joint Ownership of Land
Source Language
en
Civil Procedure Family and Children Stay of Execution Probate and Administration Distribution of Estate Joint Ownership of Land

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Gitari M’Mwando

Applicant

Felister Wanjiru Njeru

Respondent

Procedural Posture

Stay Application / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution of the judgment pending appeal.
  2. 2 Whether the applicant has demonstrated an arguable appeal with chances of success.
  3. 3 Whether the applicant is required to provide security for due performance of the decree.

Ratio Decidendi

The court found that the applicant failed to demonstrate an arguable appeal with any chances of success. The judgment under appeal only dealt with the distribution of the deceased's half share in the jointly owned land, leaving the applicant's half share unaffected. The applicant's claim that he would be rendered homeless was unfounded, as his share was not subject to distribution. The court held that the applicant could not appeal on a matter that was not in issue in the judgment. Consequently, the application for stay of execution was found to be without merit and was dismissed with costs.

Court Disposition

application dismissed with costs

Orders

  • The application for stay of execution is dismissed with costs.