Fatuma Ahmed Brek v Feisal Ahmed Karama [2014] KEHC 6109 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CIVIL APPEAL NO. 21 OF 2013

FATUMA AHMED BREK……...…………….……………...APPELLANT

VERSUS

FEISAL AHMED KARAMA………….……………….……RESPONDENT

RULING

Before court is the Notice of Motion dated 4th October, 2013 seeking orders for a stay of execution of the orders granted by the Hon. Kadhi on 27th June, 2013 pending the hearing and determination of this appeal.  This application/appeal arises from the decision of the Hon. Kadhi in Kadhi’s Civil Case No. 123 of 2009.  The application which was opposed was disposed of by way of written submissions.

I have carefully considered the submissions of both parties in respect of this matter.  I note that the matter in the Kadhi’s court was basically a succession cause relating to the estate of one AHMED KARAMA ABDALLA.   The applicant is the wife to the deceased while the respondent is his son.  The appellant now faces eviction from the family home.  I have taken into account the principles for issue of injunctions as set out in the case of GIELLA –VS – CASSMAN BROWN 1973 E.A. 358.  It if my considered view that the appellant has an arguable appeal that she stands to suffer irreparable harm if the orders sought are not granted.  I find the present application to be meritous and I therefore grant a stay of execution pending the hearing and determination of the appeal.  Costs in the cause.

Dated and delivered in Mombasa this 31st day of March, 2014.

M. ODERO

JUDGE

In the presence of:

Mr. Nangoye h/b Mr. Khatib

Mr. Okemwa h/b Mr. Ali