[2014] KEHC 8093 (KLR)

[2014] KEHC 8093 (KLR)

The court held that an aggrieved party generally does not require leave to appeal to the Court of Appeal on substantive issues. However, to avoid any procedural impediment and to safeguard the applicants' constitutional right of appeal, the court granted leave to appeal against its decision. The court further...

Source-derived case information.

Citation
[2014] KEHC 8093 (KLR)
Parties
Applicant: Lucy Njoki Njoroge; Respondent: Danson Mugwi Njoroge; Respondent: James Allan Kamau; Respondent: Jane Nyambura Njogu
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Succession Cause 2806 of 2007
Procedural Posture
Succession Cause / Ruling on Application for Leave to Appeal
Outcome
Leave to appeal granted; costs awarded to respondents.
Judges
LK Kimaru
Legal Topics
Right of Appeal, Leave to Appeal, Succession Procedure
Source Language
en
Family and Children Right of Appeal Leave to Appeal Succession Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lucy Njoki Njoroge

Applicant

Danson Mugwi Njoroge

Respondent

James Allan Kamau

Respondent

Jane Nyambura Njogu

Respondent

Procedural Posture

Succession Cause / Ruling on Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave of the court is required to appeal against the ruling on the estate of the deceased.
  2. 2 Whether the applicants are entitled to leave to appeal to the Court of Appeal.

Ratio Decidendi

The court held that an aggrieved party generally does not require leave to appeal to the Court of Appeal on substantive issues. However, to avoid any procedural impediment and to safeguard the applicants' constitutional right of appeal, the court granted leave to appeal against its decision. The court further ordered that the respondents are entitled to the costs of the application, reflecting the principle that costs follow the event and the respondents successfully opposed the application for leave as unnecessary.

Court Disposition

Leave to appeal granted; costs awarded to respondents.

Orders

  • Leave is granted to the applicants to appeal against the decision of this court to the appellate court.
  • The respondents shall have the costs of the application.