Rokocho & another v Chepkiyeng & another (Civil Application E112 of 2021) [2022] KECA 115 (KLR) (11 February 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 115
- Citation
- [2022] KECA 115 (KLR)
- Decided
- 11 February 2022
The motion is devoid of merit and accordingly fails. It is dismissed with costs to the applicants.
Facts
The applicants are Esther Kabon Rokocho and Wilson Kiprono Rokocho, and the respondents are Kobil Chepkiyeng and Esther Kipsat. The applicants sought a stay of further proceedings in Eldoret High Court Succession Cause No. 304 of 2007, Re Estate of Teriki Rokocho (Deceased) pending the hearing and determination of an intended appeal.
Issues
- The main issue of contention is the learned Judge's failure to hold that the suit land in the succession proceedings was held by the deceased in trust for the 2nd applicant, was not part of the deceased's estate.
- Whether the intended appeal is arguable.
Reasoning
The court considered the grounds of appeal and found that the main issue is a core issue that will fall for determination by the learned judge upon the hearing of the matter substantively on its merits. The court also noted that the proceedings were scheduled for 4th October, 2021, and the motion has been overtaken by events.
Outcome
Dismissed
Orders
- Order to stay further proceedings in Eldoret High Court Succession Cause No. 304 of 2007, Re Estate of Teriki Rokocho (Deceased) pending the hearing and determination of the intended appeal.
- Order to dismiss the motion with costs to the applicants.
Authorities cited
Cases cited (1)
- Reliance Bank Limited -vs- Norlake Investments Limited [2002] 1 EA 227.
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