[2017] KEHC 7388 (KLR)
The court found that, in the absence of any documentary evidence of an appeal or a stay of execution having been filed or granted, the applicant is entitled to pursue the application for review of the judgment. The court exercised its discretion to allow the applicant to proceed with the review application,...
Source-derived case information.
- Citation
- [2017] KEHC 7388 (KLR)
- Parties
- Applicant: Ann Muthoni Githinji; Respondent: Lucia Wanjiku Githinji
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 820 of 2009
- Procedural Posture
- Succession Cause / Ruling on Application for Review
- Outcome
- leave granted to applicant to pursue review application; court file to be secured
- Judges
- MW Muigai
- Legal Topics
- Succession Review, Estate Administration, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ann Muthoni Githinji
Applicant
Lucia Wanjiku Githinji
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Review
Legal Issues
- 1 Whether the applicant is entitled to review of the court's judgment of 15th February 2016.
- 2 Whether there is evidence of an appeal or stay of execution against the court's orders.
Ratio Decidendi
The court found that, in the absence of any documentary evidence of an appeal or a stay of execution having been filed or granted, the applicant is entitled to pursue the application for review of the judgment. The court exercised its discretion to allow the applicant to proceed with the review application, emphasizing the need for proper documentation to support claims of appeal or stay. The reconstructed court file is to be safeguarded, and the applicant is granted leave to set down the review application for hearing on a date to be obtained from the registry.
Court Disposition
leave granted to applicant to pursue review application; court file to be secured
Orders
- The applicant is granted leave to pursue the application for review on a date to be obtained from the registry.
- The reconstructed court file shall be kept in the strong room.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 820 OF 2009
IN THE MATTER OF THE ESTATE OF GIBSON GITHINJI GITONGA (DECEASED)
ANN MUTHONI GITHINJI…………………......…APPLICANT
VERSUS
LUCIA WANJIKU GITHINJI……...………...…RESPONDENT
RULING
The Applicant/Petitioner applied to this Court for review of this Court’s Judgment/Ruling of 15th February, 2016 which was after interpartes hearing of both parties and their witnesses.
As of 15th November, 2016 it came to this Court’s attention that the original Court file disappeared after the Court’s Judgment of 15th January, 2016. The Court file was reconstructed.
Todate, the Petitioner claims they have appealed this Court’s Judgment and there have been no documents presented/ filed in this Court to confirm the appeal or stay of execution of this Court orders.
In absence of the same, the Court grants the Applicant/Petitioner leave to pursue the application for review on a date to be obtained from the Registry and the Court file be kept in the strong room.
DELIVERED SIGNED & DATED AT NAIROBI THIS 22NDFEBRUARY2017.
M.W MUIGAI
JUDGE
In presence of:-
Ms. Mary Mwagiru