[2021] KEHC 9521 (KLR)
The High Court, having already determined the appeal and remitted the matter to the lower court for hearing and determination, is functus officio and lacks jurisdiction to entertain any further applications arising from the same succession proceedings except by way of a fresh appeal. The application seeking to set...
Source-derived case information.
- Citation
- [2021] KEHC 9521 (KLR)
- Parties
- Appellant: John Omollo Anyango; Appellant: Daniel Asila Anyango; Respondent: Topas Wandae Odero; Respondent: Consolata Anyango
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 7 of 2019
- Procedural Posture
- Civil Appeal / Ruling on Post Judgment Application
- Outcome
- application dismissed for want of jurisdiction
- Judges
- RE Aburili
- Legal Topics
- Functus Officio, Jurisdiction of High Court, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Omollo Anyango
Appellant
Daniel Asila Anyango
Appellant
Topas Wandae Odero
Respondent
Consolata Anyango
Respondent
Procedural Posture
Civil Appeal / Ruling on Post Judgment Application
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain an application after it has already determined the appeal and remitted the matter to the lower court.
- 2 Whether the application seeking to set aside the confirmation of grant issued by the lower court is properly before the High Court.
Ratio Decidendi
The High Court, having already determined the appeal and remitted the matter to the lower court for hearing and determination, is functus officio and lacks jurisdiction to entertain any further applications arising from the same succession proceedings except by way of a fresh appeal. The application seeking to set aside the confirmation of grant issued by the lower court is therefore dismissed for want of jurisdiction.
Court Disposition
application dismissed for want of jurisdiction
Orders
- The application dated 18.12.2020 is dismissed for want of jurisdiction.
- Parties to bear their own costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CIVIL APPEAL NO. 7 OF 2019
IN THE MATTER OF THE ESTATE OF ZAKAYO OGOMA ONYANGO – (DECEASED)
BETWEEN
JOHN OMOLLO ANYANGO .........1ST APPELLANT
DANIEL ASILA ANYANGO...........2ND APPELLANT
VERSUS
TOPAS WANDAE ODERO...........1ST RESPONDENT
CONSOLATA ANYANGO ...........2ND RESPONDENT
(Being an appeal from the Judgment/Decree from Siaya Principal Magistrate’s Court Case No. 36 of 2016, dated 24. 7.2019, before Hon. J.O. Ong’ondo – Principal Magistrate)
RULING
1. This appeal was determined vide a judgment dated 24. 7.2019 remitting the Succession Matter to the lower court for hearing and determination in accordance with the directions of the Court. The trial (Succession) Court then heard and determined the matter and the appellant is before this court seeking for orders setting aside the confirmation of the grant issued in Siaya Principal Magistrate’s Court Case No. 36 of 2016 on 17. 9.2020, among other prayers.
2. This court is functus officio, having determined the appeal, it cannot entertain other proceedings freshly extracted from or emanating from proceedings in the lower court, other than a fresh appeal.
3. For the above reasons, the application, dated 18. 12. 2020 be and is hereby dismissed for want of jurisdiction.
4. Parties to bear their own costs.
5. The file is closed.
Dated, Signed and Delivered at Siaya this 26th day of January 2021
R. E. ABURILI
JUDGE