D E N v P N N [2014] KECA 234 (KLR)
- Court
- Court of Appeal
- Case number
- 234
- Citation
- [2014] KECA 234 (KLR)
- Decided
- 21 November 2014
The Court finds that the applicant has failed to file a notice of appeal in respect of the ruling in which he seeks a stay of execution, and therefore, has no jurisdiction to grant the orders sought.
Facts
Appellant filed an originating summons under Section 17 of the Married Women's Property Act seeking the distribution of three properties. The High Court made orders transferring the matrimonial home to the respondent and transferring another property to the appellant. The appellant filed a notice of motion application for a stay of execution of the orders pending the appeal.
Issues
- Appellant's appeal against the High Court's judgment
- Jurisdiction of the Court of Appeal to entertain the application under Rule 5(2)(b)
Reasoning
The Court of Appeal held that the applicant's notice of motion application was incompetent due to the lack of a notice of appeal, and thus, lacked jurisdiction to hear the application under Rule 5(2)(b).
Outcome
The notice of motion application is dismissed with costs to the respondent.
Authorities cited
Legislation (3)
- Married Women's Property Act (1882)
- Interim Independent Electoral Commission & Another v Paul Waweru (2011) eKLR
- The Owners of the Motor Vessel 'Lillian S' v Caltex Oil (Kenya) Ltd (1989) KLR 1
Cases cited (3)
- SAFARICOM LIMITED v Ocean View Beach Hotel Limited & 2 Others, Civil Application No. 327 of 2009, Omolo J.A.
- THE INTERIM INDEPENDENT ELECTORAL COMMISSION & ANOTHER v PAUL WAWERU, (2011) eKLR
- THE OWNERS OF THE MOTOR VESSEL 'LILLIAN S' V CALTEX OIL (KENYA) LTD, (1989) KLR 1
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