[2017] KEHC 8276 (KLR)
The court found that the applicant had moved expeditiously to seek leave to appeal, filing the application within ten days of the impugned ruling. Recognizing the right of an aggrieved party to seek a second opinion from a higher court, the court granted leave to appeal. Additionally, since the estate assets are...
Source-derived case information.
- Citation
- [2017] KEHC 8276 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 521 of 2012
- Procedural Posture
- Succession Cause / Ruling on Application for Leave to Appeal and Transfer of File
- Outcome
- Leave to appeal granted; file transferred to Murang'a High Court.
- Judges
- DN Musyoka
- Legal Topics
- Succession Proceedings, Leave to Appeal, Transfer of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Leave to Appeal and Transfer of File
Legal Issues
- 1 Whether the applicant should be granted leave to appeal against the ruling delivered on 9th October 2015.
- 2 Whether the succession file should be transferred to the High Court at Murang'a for disposal.
Ratio Decidendi
The court found that the applicant had moved expeditiously to seek leave to appeal, filing the application within ten days of the impugned ruling. Recognizing the right of an aggrieved party to seek a second opinion from a higher court, the court granted leave to appeal. Additionally, since the estate assets are located in Murang'a County, the court ordered the transfer of the file to the High Court at Murang'a for appropriate disposal, ensuring that the matter is handled in the proper jurisdiction.
Court Disposition
Leave to appeal granted; file transferred to Murang'a High Court.
Orders
- Leave is granted to the applicant to file an appeal against the orders made in the ruling delivered on 9th October 2015.
- The file herein is to be transferred to the High Court of Kenya at Murang'a for disposal.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 521 OF 2012
IN THE MATTER OF THE ESTATE OF BENSON KIMANI GIKURU (DECEASED)
RULING
1. The summons dated 19th October 2015, as amended on 9th March 2015, seeks several orders, majority of them being for injunctive relief. However, to my mind the primary order is for leave to file appeal.
2. The proposed appeal is from the orders made in the ruling delivered on 9th October 2015. The application was filed ten days after delivery of the impugned ruling. The applicant therefore moved the court within reasonable time.
3. The law has provided for a second opinion from a higher court for persons who are aggrieved by our decisions. I shall accordingly grant leave to the applicant to file appeal against the orders made in the ruling delivered on 9th October 2015.
4. The estate comprises of assets situated within Murang’a County, in the Githumu area, I shall consequently order that the file herein be trasferred to the High Court of Kenya at Murang’a for disposal.
DATED, SIGNED and DELIVERED at NAIROBI this 20TH DAY OF JANUARY, 2017.
W. MUSYOKA
JUDGE