[2024] KEHC 6938 (KLR)
The court found that the application for leave to appeal was unopposed and, upon consideration of the supporting affidavit and oral submissions, determined there was no reason to deny the applicant the opportunity to appeal. Accordingly, leave to appeal was granted within 14 days from the date of the ruling.
Source-derived case information.
- Citation
- [2024] KEHC 6938 (KLR)
- Parties
- Applicant: Cricencia Veronica Atieno; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 393 of 2006
- Procedural Posture
- Succession Cause / Ruling on Application for Leave to Appeal
- Outcome
- Application for leave to appeal granted.
- Judges
- MS Shariff
- Legal Topics
- Probate and Administration, Leave to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cricencia Veronica Atieno
Applicant
__MISSING__
Respondent
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 ruling of the court delivered on 29.9.2024.
Ratio Decidendi
The court found that the application for leave to appeal was unopposed and, upon consideration of the supporting affidavit and oral submissions, determined there was no reason to deny the applicant the opportunity to appeal. Accordingly, leave to appeal was granted within 14 days from the date of the ruling.
Court Disposition
Application for leave to appeal granted.
Orders
- The applicant is granted leave to lodge an appeal against the ruling of this court made on 29.9.2024 within 14 days from the date hereof.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
11 paragraphs
In re Estate of Joseph Oginga Oluoch (Deceased) (Succession Cause 393 of 2006) [2024] KEHC 6938 (KLR) (10 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6938 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 393 of 2006
MS Shariff, J
June 10, 2024
Ruling
I have considered the Petitioner’s notice of motion dated 8th February 2024 and the affidavit in support thereof sworn on even date by Cricencia Veronica Atieno and I have also considered the oral submissions of parties’ Counsels and I do note that the application is unopposed where I allow it and I make following orders:- 1. The Applicant/Petitioner is hereby granted leave to lodge an appeal against the ruling of this court made on 29. 9.2024 within 14 days from the date hereof.
2. There shall be no orders as to costs.
DATED, SIGNED AND DELIVERED THIS 10TH DAY OF JUNE, 2024. M. S. SHARIFFJUDGE