[2025] KEHC 4962 (KLR)

[2025] KEHC 4962 (KLR)

The court found that the appellant had not filed a complete record of appeal as required by Order 42 rule 13(4) of the Civil Procedure Rules. Without the record, the court could not make any substantive orders on the appeal or the application for stay. The absence of the record rendered the application baseless and...

Source-derived case information.

Citation
[2025] KEHC 4962 (KLR)
Parties
Appellant: Caroline Wanjiru Muraya; Respondent: Hannah Njeri Mworia
Court
High Court
Court Station
High Court at Naivasha
Jurisdiction
Kenya
Judgment Date
7 April 2025
Case Number
Family Appeal E001 of 2022
Procedural Posture
Family Appeal / Ruling on Application for Stay of Proceedings and Appeal Dismissal
Outcome
Appeal and application dismissed for want of prosecution due to absence of record of appeal.
Judges
GL Nzioka
Legal Topics
Succession Disputes, Stay of Proceedings, Appeal Dismissal, Record of Appeal Requirements
Source Language
english
Family and Children Civil Procedure Succession Disputes Stay of Proceedings Appeal Dismissal Record of Appeal Requirements

Source-derived case record

Summary, issues, holding and outcome

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Parties

Caroline Wanjiru Muraya

Appellant

Hannah Njeri Mworia

Respondent

Procedural Posture

Family Appeal / Ruling on Application for Stay of Proceedings and Appeal Dismissal

Legal Issues

  1. 1 Whether the appellant is entitled to a stay of proceedings pending appeal.
  2. 2 Whether the appeal can be sustained in the absence of a complete record of appeal.
  3. 3 Whether the appellant has demonstrated sufficient interest or entitlement to the subject property.

Ratio Decidendi

The court found that the appellant had not filed a complete record of appeal as required by Order 42 rule 13(4) of the Civil Procedure Rules. Without the record, the court could not make any substantive orders on the appeal or the application for stay. The absence of the record rendered the application baseless and the appeal incompetent. Consequently, the application for stay and the appeal itself were dismissed for want of prosecution. The court did not make findings on the substantive succession dispute due to the procedural default.

Court Disposition

Appeal and application dismissed for want of prosecution due to absence of record of appeal.

Orders

  • The application dated 13th March 2023 is dismissed.
  • The appeal is dismissed for want of prosecution.