Okea & 3 others v Ogola (Civil Appeal (Application) 259 of 2019) [2022] KECA 411 (KLR) (4 March 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 411
- Citation
- [2022] KECA 411 (KLR)
- Decided
- 4 March 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication to strike out the record of appealCoramHM OKWENGU, Mrima, Sichaile
Holding
The Court of Appeal strikes out the record of appeal filed by the respondent, finding that no leave to appeal was obtained.
Facts
The applicants (Okea, Obunga, Kaliicha, and Abdulai) sought to strike out the record of appeal filed by the respondent (Ouko Ogola) in Civil Appeal No. 259 of 2019, alleging that no appeal lies from a decision of the High Court in a succession dispute.
Issues
- whether an appeal lies from a decision of the High Court in a succession dispute
- whether the respondent obtained leave to appeal to the Court of Appeal
Reasoning
The Court of Appeal held that the requirement for leave to appeal is an essential step prior to filing an appeal. Since the respondent did not seek leave, the appeal must be struck out.
Outcome
The record of appeal in Civil Appeal No. 259 of 2019 is struck out.
Orders
- The record of appeal in Civil Appeal No. 259 of 2019 is struck out with costs to the applicants.
Authorities cited
Cases cited (2)
- Rhoda Wairimu Karanja & another v Mary Wangui Karanja & another [2014] eKLR
- John Mwita Murimi & 2 others v Mwikabe Chacha Mwita & another [2019] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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