[2025] KEHC 8259 (KLR)

[2025] KEHC 8259 (KLR)

The court found that the applicant had filed an arguable appeal and that the risk of disinheritance if the stay was not granted would render the appeal nugatory. The application was made within a reasonable time, and the respondent would not be prejudiced by the grant of a stay. Balancing the interests of justice, the court exercised its discretion to grant a stay of proceedings in the lower court succession cause pending the hearing and determination of the appeal, subject to the condition that the appellant files the record of appeal within 30 days.

Citation
[2025] KEHC 8259 (KLR)
Parties
Appellant: Johnstone Kisombe Mukunga; Respondent: Jane Jeruto Sakura
Court
High Court
Court Station
High Court at Bungoma
Jurisdiction
Kenya
Judgment Date
12 June 2025
Case Number
Family Appeal E004 of 2025
Procedural Posture
Family Appeal / Stay Application Ruling
Outcome
stay_of_proceedings_granted
Judges
REA Ougo
Legal Topics
Stay of Proceedings, Succession Disputes, Appeal Process, Judicial Discretion
Source Language
English
Family and Children Civil Procedure Stay of Proceedings Succession Disputes Appeal Process Judicial Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

Johnstone Kisombe Mukunga

Appellant

Jane Jeruto Sakura

Respondent

Procedural Posture

Family Appeal / Stay Application Ruling

Legal Issues

  1. 1 Whether a stay of proceedings should be granted pending the hearing and determination of the appeal.
  2. 2 Whether the applicant has demonstrated an arguable appeal with a risk of being disinherited if the stay is not granted.
  3. 3 Whether the respondent would be prejudiced by the grant of a stay.

Ratio Decidendi

The court found that the applicant had filed an arguable appeal and that the risk of disinheritance if the stay was not granted would render the appeal nugatory. The application was made within a reasonable time, and the respondent would not be prejudiced by the grant of a stay. Balancing the interests of justice, the court exercised its discretion to grant a stay of proceedings in the lower court succession cause pending the hearing and determination of the appeal, subject to the condition that the appellant files the record of appeal within 30 days.

Court Disposition

stay_of_proceedings_granted

Orders

  • Stay of proceedings in Sirisia SPMCC Succession Case No. E008 of 2023 pending the hearing and determination of the appeal.
  • The appellant must file the Record of Appeal within 30 days.