In re Estate of Gaitho Kimani (Deceased) (Succession Cause 75 of 2019) [2023] KEHC 1910 (KLR) (10 March 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 1910
- Citation
- [2023] KEHC 1910 (KLR)
- Decided
- 10 March 2023
Summary at a glance
TypeSuccessionPostureAppeal from High Court decisionCoramMM KASANGO
The appeal is dismissed as the applicant did not provide a notice of appeal and a letter requesting for the proceedings.
Facts
Mbugua Gaitho filed an application for leave to appeal a ruling by Justice C Meoli in the Estate of Gaitho Kimani (Deceased). The application was made after a notice of motion was filed on September 13, 2021.
Issues
- Whether the appeal can be entertained without leave of the court
- Whether the applicant has shown grounds for serious consideration of the appeal
Reasoning
The court ruled that an appeal in succession matters against the High Court's decision can only be entertained with leave of the court, and since no such leave was sought, the appeal is dismissed.
Outcome
Appeal dismissed
Authorities cited
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