[2022] KEHC 3026 (KLR)
The court held that an application for stay of execution is incompetent where there is no pending appeal and no prayer for leave to appeal out of time. The absence of these prerequisites means the court cannot consider the application on its merits. Consequently, the application was struck out for incompetence, with...
Source-derived case information.
- Citation
- [2022] KEHC 3026 (KLR)
- Parties
- Applicant: Janifa Anyango Majanga; Respondent: George Otieno Sijeny
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E001 of 2022
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Application for Stay of Execution
- Outcome
- application struck out as incompetent
- Judges
- RE Aburili
- Legal Topics
- Stay of Execution, Succession Proceedings, Competency of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janifa Anyango Majanga
Applicant
George Otieno Sijeny
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether the application for stay of execution can be considered on its merits in the absence of an appeal or a prayer for leave to appeal out of time.
Ratio Decidendi
The court held that an application for stay of execution is incompetent where there is no pending appeal and no prayer for leave to appeal out of time. The absence of these prerequisites means the court cannot consider the application on its merits. Consequently, the application was struck out for incompetence, with liberty granted to the applicant to file a proper application if so advised.
Court Disposition
application struck out as incompetent
Orders
- The application dated 12/4/2022 is struck out for being incompetent.
- No orders as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
In re Estate of Majanga Nyawira Ogutu (Miscellaneous Succession Cause E001 of 2022) [2022] KEHC 3026 (KLR) (27 April 2022) (Ruling)
Neutral citation: [2022] KEHC 3026 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Succession Cause E001 of 2022
RE Aburili, J
April 27, 2022
IN THE MATTER OF THE ESTATE OF MAJANGA NYAWIRA OGUTU ALIAS MAJANGA NYAWIRA OGUT ALIAS MAJANGA NYAWIRA ALIAS NASON MAJANGA - (DECEASED)
Between
Janifa Anyango Majanga
Objector
and
George Otieno Sijeny
Petitioner
Ruling
1. I have considered the application dated 12/4/2022 for stay of execution and I find it incapable of being considered on its merits where there is no appeal and no prayer for leave to appeal out of time.
2. The application is struck out with no orders as to costs for being incompetent.
3. The applicant is at liberty to file a proper application for consideration by this court.
4. This file is accordingly closed.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 27THDAY OF APRIL, 2022R.E. ABURILIJUDGE