[2004] KEHC 2431 (KLR)

[2004] KEHC 2431 (KLR)

The court held that under the Law of Succession Act and the applicable rules, a decree issued by the High Court in its original jurisdiction in a succession cause is appealable as of right, and therefore, leave of the court is not required for such an appeal. The court relied on binding precedent from the Court of Appeal, which interpreted Section 47 of the Law of Succession Act to mean that both decrees and orders are appealable, distinguishing them from non-appealable decisions or adjudications. Furthermore, the court determined that any application for extension of time to file an appeal out of time must be made to the Court of Appeal, not the High Court. As such, the application...

Citation
[2004] KEHC 2431 (KLR)
Parties
MISSING: Hezron Bernard Wamunga (Deceased); Applicant: Objector (name not specified); Respondent: Respondent (name not specified)
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
31 March 2004
Case Number
Succession Cause 1813 of 1999
Procedural Posture
Succession Cause / Ruling on Application for Leave to Appeal and Extension of Time
Outcome
Application dismissed.
Judges
FI Koome
Legal Topics
Appeals in Succession Matters, Leave to Appeal, Extension of Time, Finality of High Court Decisions
Source Language
English
Civil Procedure Family and Children Appeals in Succession Matters Leave to Appeal Extension of Time Finality of High Court Decisions

Case Brief

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Parties

Hezron Bernard Wamunga (Deceased)

MISSING

Objector (name not specified)

Applicant

Respondent (name not specified)

Respondent

Procedural Posture

Succession Cause / Ruling on Application for Leave to Appeal and Extension of Time

Legal Issues

  1. 1 Whether leave of the court is required to appeal against a High Court judgment in a succession cause.
  2. 2 Whether the applicant is entitled to extension of time to file an appeal out of time.

Ratio Decidendi

The court held that under the Law of Succession Act and the applicable rules, a decree issued by the High Court in its original jurisdiction in a succession cause is appealable as of right, and therefore, leave of the court is not required for such an appeal. The court relied on binding precedent from the Court of Appeal, which interpreted Section 47 of the Law of Succession Act to mean that both decrees and orders are appealable, distinguishing them from non-appealable decisions or adjudications. Furthermore, the court determined that any application for extension of time to file an appeal out of time must be made to the Court of Appeal, not the High Court. As such, the application...

Court Disposition

Application dismissed.

Orders

  • Leave to appeal against the judgment and orders of 5th December 2003 is not required and is therefore not granted.
  • Leave to file an appeal out of time must be sought in the Court of Appeal, not the High Court.