[2022] KEHC 2984 (KLR)
The court found that the appeal was ready to proceed, with proceedings certified and available. In the exercise of its discretion, the court admitted the appeal and issued directions for its hearing by way of written submissions. The appellant was directed to file and serve the record of appeal and submissions...
Source-derived case information.
- Citation
- [2022] KEHC 2984 (KLR)
- Parties
- Appellant: Nancy Nafuna; Respondent: Ayub Sabet Wekesa
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Appeal 5 of 2021
- Procedural Posture
- Succession Appeal / Directions on Hearing and Filing of Submissions
- Outcome
- Appeal admitted; directions issued for hearing by written submissions.
- Judges
- PJO Otieno
- Legal Topics
- Succession Appeals, Estate Administration, Maintenance of Status Quo
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nancy Nafuna
Appellant
Ayub Sabet Wekesa
Respondent
Procedural Posture
Succession Appeal / Directions on Hearing and Filing of Submissions
Legal Issues
- 1 Whether the appeal should be admitted and directions given for its hearing.
- 2 Whether status quo should be maintained pending the hearing of the appeal.
Ratio Decidendi
The court found that the appeal was ready to proceed, with proceedings certified and available. In the exercise of its discretion, the court admitted the appeal and issued directions for its hearing by way of written submissions. The appellant was directed to file and serve the record of appeal and submissions within thirty days, with the respondent to follow within thirty days of service. The court emphasized the importance of time and set a mention date to confirm compliance. The application for maintenance of status quo was implicitly addressed by the admission of the appeal and the directions given, ensuring no prejudice would occur pending the determination of the appeal.
Court Disposition
Appeal admitted; directions issued for hearing by written submissions.
Orders
- Appeal is admitted.
- Appellant to file and serve record of appeal and submissions within thirty (30) days.
Full Case Text
Judgment text and source record
23 paragraphs
Nafuna v Wekesa (Succession Appeal 5 of 2021) [2022] KEHC 2984 (KLR) (27 June 2022) (Ruling)
Neutral citation: [2022] KEHC 2984 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Appeal 5 of 2021
PJO Otieno, J
June 27, 2022
IN THE MATTER OF THE ESTATE OF MANOAH LUMASAYI (DECEASED)
Between
Nancy Nafuna
Appellant
and
Ayub Sabet Wekesa
Respondent
Ruling
1. I have looked at and perused the application dated 7. 11. 2021 which essentially seek the maintenance of status quo pending appeal.
2. I have also perused the file and noted that the proceedings are ready and certified.
3. Accordingly, I do admit the appeal and direct that it be heard by way of written submissions.
4. Let the Appellant file and serve Record of appeal together with submissions within thirty (30) days from today to enable the Respondent also file and serve submissions within thirty (30) days after service.
5. Time is of essence.
6. Let these directions be notified to the Appellant and the Respondent within seven (7) days from today.
7. Mention on 4. 10. 2022 to confirm compliance.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 27TH DAY OF JUNE 2022. PATRICK J. O. OTIENOJUDGEIn the presence of:No appearance for the AppellantNo appearance for the RespondentCourt Assistant: Kulubi