Bwanamkuu v Said & 5 others (Civil Application E058 of 2021) [2022] KECA 443 (KLR) (18 March 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 443
- Citation
- [2022] KECA 443 (KLR)
- Decided
- 18 March 2022
The Court of Appeal dismissed the application for stay, finding that the Judge did not fail to address the second application and that the matter proceeded for hearing from where it had reached.
Facts
The applicant, Ibrahim Said Bwanamkuu, sought an order under Rule 5(2)(b) of the Court of Appeal Rules, requesting a stay of further proceedings in the High Court of Kenya at Malindi Succession Cause No. 119 of 2015. He alleged that the Judge failed to determine a second application for declaration that the second respondent's interest in the estate of the deceased was extinguished due to remarriage.
Issues
- Stay of further proceedings pending appeal
- Judicial failure to address second application
Reasoning
The Court of Appeal ruled that the Judge did not fail to address the second application and that the matter proceeded for hearing from where it had reached.
Outcome
Application dismissed
Orders
- Order for stay of further proceedings pending appeal denied
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