Aboge v Aboge & 2 others (Civil Application E169 of 2024) [2025] KECA 612 (KLR) (28 March 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 612
- Citation
- [2025] KECA 612 (KLR)
- Decided
- 28 March 2025
The application is struck out but with no orders as to costs. The applicant shall be at liberty to appropriately move this Court as so advised.
Facts
Lucy Wambui Aboge sought to appeal against the judgment of the High Court of Kenya at Migori, delivered on 20th October, 2023, in HC. Succ. Cause No. 405 of 2014. She complained that the mode of distribution of the estate of the deceased was unfair, unsatisfactory, and discriminatory against her.
Issues
- Whether the applicant has the right to appeal against the judgment of the High Court
- Whether the application for stay of execution is competent
Reasoning
The application is an omnibus application where the applicant sought two prayers, one of which cannot be granted by a single Judge of the Court. The application for stay of execution is incompetent as it was filed beyond the fourteen (14) days period provided by the Rules of this Court.
Outcome
The application is struck out but with no orders as to costs.
Orders
- The application is struck out but with no orders as to costs
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