[2024] KEHC 114 (KLR)
The court exercised its discretion to grant the applicants leave to appeal the judgment of 31st March, 2022, recognizing that the applicants had demonstrated sufficient grounds for leave and that a temporary stay of execution was necessary to preserve the subject matter of the appeal. The court found that granting a...
Source-derived case information.
- Citation
- [2024] KEHC 114 (KLR)
- Parties
- Applicant: Yosabia Nyaboke; Respondent: Susan (deceased, mother)
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 15 of 2018
- Procedural Posture
- Succession Cause / Ruling on Application for Leave to Appeal and Stay of Execution
- Outcome
- Leave to appeal granted; temporary stay of execution granted for sixty days.
- Judges
- SM Mohochi
- Legal Topics
- Succession Proceedings, Leave to Appeal, Stay of Execution, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yosabia Nyaboke
Applicant
Susan (deceased, mother)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Leave to Appeal and Stay of Execution
Legal Issues
- 1 Whether the applicants should be granted leave to appeal the judgment dated 31st March, 2022.
- 2 Whether a temporary stay of execution of the judgment should be granted pending appeal.
Ratio Decidendi
The court exercised its discretion to grant the applicants leave to appeal the judgment of 31st March, 2022, recognizing that the applicants had demonstrated sufficient grounds for leave and that a temporary stay of execution was necessary to preserve the subject matter of the appeal. The court found that granting a sixty-day temporary stay would allow the applicants to approach the Court of Appeal for a substantive stay, thereby balancing the interests of justice and preventing potential prejudice to the applicants pending the determination of their appeal.
Court Disposition
Leave to appeal granted; temporary stay of execution granted for sixty days.
Orders
- Leave to appeal the judgment of 31st March, 2022 is granted to the applicants.
- Applicants have 45 days to file the appeal and obtain stay of execution of judgment under Order 5 Rule (2)(b) of the Court of Appeal.
Full Case Text
Judgment text and source record
21 paragraphs
In re Estate of Abros Adera Nyamweya (Deceased) (Succession Cause 15 of 2018) [2024] KEHC 114 (KLR) (15 January 2024) (Ruling)
Neutral citation: [2024] KEHC 114 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 15 of 2018
SM Mohochi, J
January 15, 2024
IN THE MATTER OF THE ESTATE OF ABROS ADERA NYAMWEYA - DECEASED
In the matter of
Yosabia Nyaboke
Applicant
Ruling
1. This 1st application has significantly been overtaken by events; the petitioners ultimately interned their deceased mother Susan upon mediation on the 6th August 2022.
2. The 2nd application dated 10th June, 2022, the judgment dated 31st March, 2022 is what the Applicants objectors seek leave to appeal from.
3. The Applicant equally sought a blanket stay of proceedings herein pending the intended appeal and the costs of the suit be provided for.
4. The Court in exercise of its discretion allows the 2nd Applicant application for leave to appeal the judgment of this Court.
5. The Applicants have 45 days leave to file the appeal and obtain the stay of execution of judgment under Order 5 Rule (2) (b) off the Court of Appeal.
6. A Sixty days’ temporary stay of execution of judgment is hereby granted to enable the Applicants to argue an application for stay of judgment before the Court of Appeal.
7. This Court shall mention this matter on the 28th March, 2024 to ascertain the filing and arguing of application for stay and appeal before the Court of Appeal.
8. It is so ordered.
RULING DATED, SIGNED AND DELIVERED AT NAKURU. ON THIS DAY OF 15TH DAY OF JANUARY, 2024. S. MOHOCHIJUDGE