[2025] KEHC 10019 (KLR)
The court found that, although the applicant did not provide reasons for the delay in seeking leave, the draft memorandum of appeal attached to her application raised substantial legal issues that merit consideration by the appellate court. The absence of opposition from the respondent and the trite legal...
Source-derived case information.
- Citation
- [2025] KEHC 10019 (KLR)
- Parties
- Executor: Morsel Hijrat; Applicant: Maria Sbanowicz Mariano
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 500 of 2017
- Procedural Posture
- Succession Cause / Ruling on Application for Leave to Appeal
- Outcome
- Application allowed. Leave to appeal granted.
- Judges
- HK Chemitei
- Legal Topics
- Grant of Probate, Leave to Appeal, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Morsel Hijrat
Executor
Maria Sbanowicz Mariano
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Leave to Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to appeal against the court's ruling dismissing her application to revoke a sealed grant.
- 2 Whether the draft memorandum of appeal raises substantial legal issues warranting consideration by the appellate court.
Ratio Decidendi
The court found that, although the applicant did not provide reasons for the delay in seeking leave, the draft memorandum of appeal attached to her application raised substantial legal issues that merit consideration by the appellate court. The absence of opposition from the respondent and the trite legal requirement for leave in succession matters further supported the grant of the application. Consequently, the applicant was granted leave to appeal to the Court of Appeal within 14 days from the date of the ruling.
Court Disposition
Application allowed. Leave to appeal granted.
Orders
- The applicant is granted leave to appeal to the Court of Appeal within 14 days from the date of this ruling.
- Costs in the cause.
Full Case Text
Judgment text and source record
26 paragraphs
In re Estate of Anthony Timothy Mariano (Deceased) (Succession Cause 500 of 2017) [2025] KEHC 10019 (KLR) (Family) (10 July 2025) (Ruling)
Neutral citation: [2025] KEHC 10019 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 500 of 2017
HK Chemitei, J
July 10, 2025
Between
Morsel Hijrat
Executor
and
Maria Sbanowicz Mariano
Applicant
(IN THE MATTER OF THE ESTATE OF THE LATE ANTHONY TIMOTHY MARIANO (DECEASED))
Ruling
1. In her summons dated 14th June 2024 the Applicant seeks leave to appeal against the ruling of this court dated 6th October 2023.
2. The application is based on the grounds thereof and her sworn affidavit of the same date.
3. The gist of her application is that the court erred in dismissing her application on the grounds that this court had no powers to revoke a sealed grant.
4. That based on the said ruling the Respondent has attempted to evict the Applicant from a Flat No. 10 situate at LR 1870/V/241 Maruti apartments as well as fraudulently effecting transfer of the said property.
5. The application was not opposed by the Respondent despite being served.
6. I have perused the same as well as the history of this matter. It is trite law that leave ought to be obtained in succession proceedings by a party who wishes to appeal to the court of appeal.
7. Although I do not find any reason advanced by the Applicant for undue delay to seek the said leave, I find that the draft memorandum of appeal attached to the application raises heavy legal issues which in my view would be fit to be discussed and considered by the appellate court.
8. In the premises the application is allowed, the Applicant granted leave to appeal to the Court of Appeal within 14 days from the date herein.
9. Costs in the cause.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 10THDAY OF JULY 2025. H K CHEMITEIJUDGE