Cosmas Marete v Bundi Mwiti [2016] KEHC 2537 (KLR)
- Court
- High Court of Kenya
- Case number
- 2537
- Citation
- [2016] KEHC 2537 (KLR)
- Decided
- 13 October 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellant seeks to stay the proceedings in the lower court's succession cause until the appeal is heard and determined.CoramA. MABEYA
Holding
The application is dismissed with costs.
Facts
Appellant Cosmas Marete has appealed against an order striking out his application for revocation, while Respondent Bundi Mwiti has applied to lift an inhibition on the property for distribution.
Issues
- Whether the appeal is prima facie arguable.
- Whether the application has been made expeditiously.
- Whether the law permits dealing with the estate before confirmation of the grant.
Reasoning
The court found the appeal not to be prima facie arguable due to the law prohibiting dealings with the estate before confirmation, and the application was not made expeditiously.
Outcome
Appeal dismissed
Orders
- The proceedings in Chuka Succession Cause No. 25 of 2015 are not stayed until the appeal is heard and determined.
Authorities cited
Legislation (4)
- Law of Succession Act
- Probate and Administration Rules
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (2)
- Global Tours and Travels Ltd NRB W.U Cause No.43 of 2000 (UR) Ringera J
- Re Estate of Geoffrey Kiricho Mbogori (deceased) Chuka HC. Succession Cause No. 49 of 2016 (UR)
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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