[2024] KEHC 8487 (KLR)
The court found that the applicant failed to demonstrate any urgency or sufficient reason for the grant of stay orders, noting that the judgment sought to be stayed was delivered over three years prior and that there was no evidence of closure of the alleged appeal. Consequently, the application was not certified as...
Source-derived case information.
- Citation
- [2024] KEHC 8487 (KLR)
- Parties
- Applicant: Ezekiel Odiero Adero; Respondent: Monica Akomo Olayo; Respondent: Stephen Olango Ongoya
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 3 of 2019
- Procedural Posture
- Succession Cause / Ruling on Application for Stay of Execution
- Outcome
- Application not certified as urgent; directions given for service and inter partes hearing.
- Judges
- MS Shariff
- Legal Topics
- Stay of Execution, Probate and Administration, Urgency of Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ezekiel Odiero Adero
Applicant
Monica Akomo Olayo
Respondent
Stephen Olango Ongoya
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether the application for stay of execution should be certified as urgent.
- 2 Whether sufficient reason has been advanced for the grant of stay orders.
Ratio Decidendi
The court found that the applicant failed to demonstrate any urgency or sufficient reason for the grant of stay orders, noting that the judgment sought to be stayed was delivered over three years prior and that there was no evidence of closure of the alleged appeal. Consequently, the application was not certified as urgent, and directions were given for service and inter partes hearing.
Court Disposition
Application not certified as urgent; directions given for service and inter partes hearing.
Orders
- The application is not certified as urgent.
- The application to be served upon the respondents within 14 days.
Full Case Text
Judgment text and source record
21 paragraphs
In re Estate of Fredrick Adero Obiero (Deceased) (Succession Cause 3 of 2019) [2024] KEHC 8487 (KLR) (15 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8487 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 3 of 2019
MS Shariff, J
July 15, 2024
IN THE MATTER OF THE ESTATE OF FREDRICK ADERO OBIERO (DECEASED)
IN THE MATTER OF AN APPLICATION BY:
Between
Ezekiel Odiero Adero
Appellant
and
Monica Akomo Olayo
1st Respondent
Stephen Olango Ongoya
2nd Respondent
Ruling
1. Upon perusal of the Respondent’s notice of motion dated 11. 7.2024 and the supporting affidavit sworn by Ezekiel Odiero Adero on even date I do note that the judgment that the Respondent seeks to stay was delivered on 12. 7.2021 wherefore there is no urgency nor any sufficient reason advanced for grant of stay orders. Further no closure has been made of the alleged appeal No. 3 of 2019.
2. Premised on the reasons aforestated I do hereby make the following orders:-1. This application is not certified as urgent.2. The same be served upon the Respondents who are directed to file their responses within 14 days from the date hereof.3. The application shall be heard interpartes on 23. 9.2024.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 15TH DAY OF JULY, 2024. M. S. SHARIFFJUDGE