[2020] KEHC 3336 (KLR)
The court found that the applicants failed to demonstrate any urgency or exceptional circumstances that would warrant granting leave for the application to be heard during the court recess or for the matter to be certified as urgent. The mere fact that the ruling intended to be challenged was delivered on 20/12/2017...
Source-derived case information.
- Citation
- [2020] KEHC 3336 (KLR)
- Parties
- Applicant: Dorcas Okwaro; Respondent: Johnstone Ombima Okwaro; Respondent: Mary Asiko Okwaro; Respondent: Julia Shihore
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 109 of 1987
- Procedural Posture
- Succession Cause / Ruling on Application for Leave and Urgency
- Outcome
- Application for leave and certification as urgent declined; matter referred for inter partes hearing.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Grant of Leave, Urgency Certification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dorcas Okwaro
Applicant
Johnstone Ombima Okwaro
Respondent
Mary Asiko Okwaro
Respondent
Julia Shihore
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Leave and Urgency
Legal Issues
- 1 Whether the application demonstrates sufficient urgency to warrant certification as urgent and to be heard during the court recess.
- 2 Whether leave should be granted for the application to be considered during the recess.
Ratio Decidendi
The court found that the applicants failed to demonstrate any urgency or exceptional circumstances that would warrant granting leave for the application to be heard during the court recess or for the matter to be certified as urgent. The mere fact that the ruling intended to be challenged was delivered on 20/12/2017 does not, in itself, constitute urgency. Accordingly, the court declined to grant the orders sought and directed that the application be served for inter partes hearing before the Presiding/Duty Judge at Kisumu High Court on the scheduled date. The matter was referred back to Kisumu High Court for conclusion.
Court Disposition
Application for leave and certification as urgent declined; matter referred for inter partes hearing.
Orders
- Leave to be heard during recess and certification as urgent is declined.
- Applicants to serve the respondent with the application for inter partes hearing before the Presiding/Duty Judge at Kisumu High Court on 23/9/2020.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
KISUMU SUCCESSION CAUSE NO, 109 OF 1987
IN THE MATTER OF THE ESTATE OF JOHN MAGANGA OKWARO (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY: -
DORCAS OKWARO...............................................................APPLICANT/RESPONDENT
VERSUS
JOHNSTONE OMBIMA OKWARO................................1ST RESPONDENT/APPLICANT
MARY ASIKO OKWARO...............................................2ND RESPONDENT/APPLICANT
JULIA SHIHORE.............................................................3RD RESPONDENT/APPLICANT
RULING
1. I have considered the application by the 3 applicants.
2. I note that the Ruling intended to be challenged before the Court of Appeal was rendered on 20/12/2017.
3. I find no urgency involved to warrant grant of leave to be heard during the recess or to certify the application as urgent. I decline to grant leave to consider the application during the recess or to certify the application as urgent as urgent as there is no such urgency demonstrated.
4. I direct the applicants to serve the Respondent with the application for interpartes considered before the Presiding/Duty Judge at Kisumu HC on 23/9/2020. Matter referred back to Kisumu High Court for conclusion.
5. Orders accordingly.
Dated, signed and Delivered at Siaya this 3rd Day of September 2020
R.E. ABURILI
JUDGE