[2017] KEHC 6026 (KLR)
The court found that the applicant is entitled to seek a second opinion through the appellate process, as provided by law. The right of appeal is fundamental, and the applicant demonstrated sufficient grounds for leave to appeal. The court also found it just to grant a stay of execution of the consent order to...
Source-derived case information.
- Citation
- [2017] KEHC 6026 (KLR)
- Parties
- Applicant: Applicant (Name not specified); Respondent: Respondent (Name not specified)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2111 of 2005
- Procedural Posture
- Succession Cause / Ruling on Application for Stay and Leave to Appeal
- Outcome
- Application allowed.
- Judges
- DN Musyoka, MW Muigai
- Legal Topics
- Succession Procedure, Leave to Appeal, Stay of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Applicant (Name not specified)
Applicant
Respondent (Name not specified)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Stay and Leave to Appeal
Legal Issues
- 1 Whether the applicant is entitled to leave to appeal against the orders made on 6th February 2015.
- 2 Whether a stay of execution of the consent recorded on 24th June 2009 should be granted pending appeal.
- 3 Whether the matter should be transferred to the High Court of Kenya at Kiambu for further proceedings.
Ratio Decidendi
The court found that the applicant is entitled to seek a second opinion through the appellate process, as provided by law. The right of appeal is fundamental, and the applicant demonstrated sufficient grounds for leave to appeal. The court also found it just to grant a stay of execution of the consent order to preserve the status quo pending the intended appeal. Furthermore, since the assets in question are located in Kiambu County, the court ordered the transfer of the matter to the High Court at Kiambu for further proceedings, in line with jurisdictional requirements.
Court Disposition
Application allowed.
Orders
- Leave granted to the applicant to file appeal at the Court of Appeal against the decision of 6th February 2015 within thirty (30) days.
- Stay of execution of the consent recorded on 24th June 2009 granted for thirty (30) days.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 2111 OF 2005
IN THE MATTER OF THE ESTATE OF WANJIKU KARUGURO (DECEASED)
RULING
1. On 6th February 2015 a ruling was delivered herein dismissing an application dated 24th July 2009. On 19th March 2015, the applicant in the application of 24th July 2009 filed an application herein, dated 19th March 2015, seeking stay of execution and leave to appeal against the orders made on 6th February 2015. The application was served, and replies filed.
2. Directions were taken on 7th June 2016 on the disposal of the said application, by way of written submissions. The parties have complied and filed detailed written submissions, complete with authorities to support their respective positions.
3. I have carefully read through the application, the affidavits on record, the written submissions by both sides and the authorities cited. I note that this is a personal law matter. The applicant is entitled to have a second opinion. The law provides for appeal, and the applicant has a right of appeal.
4. I am inclined to grant the orders sought. I hereby grant leave to the applicant to file appeal at the Court of Appeal against the decision of this court made herein on 6th February 2015. Leave shall be for thirty (30) days. I also order stay of execution of the consent recorded herein on 24th June 2009. The said stay shall be for thirty (30) days. Costs shall be in the cause.
5. I have noted that none of the assets herein are situated within Nairobi, but at Kihara, Kiambaa, which is within Kiambu County. I shall accordingly order that the matter be transferred to the High Court of Kenya at Kiambu for disposal of any outstanding business.
DATED and SIGNED at NAIROBI this 3RD DAY OF MAY, 2017.
W. MUSYOKA
JUDGE
DELIVERED and SIGNED this 5TH DAY OF MAY, 2017.
M. MUIGAI
JUDGE