Customer Support

JOHN MWITA MURIMI & 2 OTHERS
V.
MWIKABE CHACHA MWITA & ANOTHER

(2019) JELR 97756 (CA)

Court of Appeal 31 Jul 2019 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal (Application) 93 of 2018
Judges:Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage
Location:Kisumu
Other Citations:John Mwita Murimi & 2 others v. Mwikabe Chacha Mwita & another [2019] eKLR

RULING OF THE COURT

1. On 11th October 2017, the trial court sitting at Migori delivered a judgment revoking and annulling letters of administration granted in relation to the Estate of Chacha Mwita Murimi and the Estate of Murimi Mwita Murimi. Upon delivery of the ruling, the respondents were aggrieved and a Notice of Appeal was filed on 15th October 2017. The Record of Appeal was served upon the applicants on 1st August 2018. It is alleged that the impugned ruling arose from a Succession Cause and the respondents herein never sought leave of the High Court to institute the appeal, file and serve the Record of Appeal in this matter. That in succession matters, no right of appeal without leave, ensues automatically.

2. Aggrieved by the filing and service of the notice and record of appeal prior to obtaining leave of the court, the applicants herein filed a Notice of Motion dated 9th August 2018 seeking an order to strike out the record of appeal. The Motion is supported by an affidavit …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.