Rural Housing Estates v Sisiwa & 3 others (Civil Application E005 of 2025) [2025] KECA 2041 (KLR) (28 November 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 2041
- Citation
- [2025] KECA 2041 (KLR)
- Decided
- 28 November 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureAppeal from a High Court decisionCoramAs Brand, JUDGE OF APPEAL, JM MATIVO, PM GACHOKA
Holding
The Notice of Motion is incompetent as there is no evidence that leave to appeal was obtained before the trial court.
Facts
The case involves a succession dispute over land parcels in Eldoret High Court Succession Cause No. 167 of 1998, where the deceased was Maiakwen Sisiwa. The applicant, Rural Housing Estates, seeks an injunction to prevent the respondents from assuming administratorship over the land parcels.
Issues
- Whether the applicant sought leave to appeal against the High Court decision
- Whether the High Court decision is appealable under the Kenyan Constitution and Appellate Jurisdictions Act
Reasoning
The court held that the applicant did not provide evidence of leave to appeal being sought and granted before the trial court, and thus the Notice of Motion is incompetent.
Outcome
The Notice of Motion is struck out with costs to the respondents.
Orders
- The Notice of Motion dated 13th January 2025 is struck out with costs to the respondents.
Authorities cited
Legislation (3)
- Constitution of Kenya 2010
- Appellate Jurisdictions Act
- Court Appeal Rules 2022
Cases cited (2)
- Mughal & Rashid (Suing as the legal representatives of the Estate of the Late Rashid Mughal) & another vs. Bhola [2025] KECA 420 (KLR)
- Newlands Surgical Clinic (Pty) Ltd vs. Peninsula Eye Clinic (Pty) Ltd 2015 (4) SA 34 SCA; [2015] 2 All SA 322 (SCA)
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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