In re Estate of Fredrick Adero Obiero (Deceased) [2024] KEHC 8487 (KLR)

In re Estate of Fredrick Adero Obiero (Deceased) (Succession Cause 3 of 2019) [2024] KEHC 8487 (KLR) (15 July 2024) (Ruling)

Neutral citation: [2024] KEHC 8487 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 3 of 2019

MS Shariff, J

July 15, 2024

IN THE MATTER OF THE ESTATE OF FREDRICK ADERO OBIERO (DECEASED)

IN THE MATTER OF AN APPLICATION BY:

Between

Ezekiel Odiero Adero

Appellant

and

Monica Akomo Olayo

1st Respondent

Stephen Olango Ongoya

2nd Respondent

Ruling

1. Upon perusal of the Respondent’s notice of motion dated 11. 7.2024 and the supporting affidavit sworn by Ezekiel Odiero Adero on even date I do note that the judgment that the Respondent seeks to stay was delivered on 12. 7.2021 wherefore there is no urgency nor any sufficient reason advanced for grant of stay orders. Further no closure has been made of the alleged appeal No. 3 of 2019.

2. Premised on the reasons aforestated I do hereby make the following orders:-1. This application is not certified as urgent.2. The same be served upon the Respondents who are directed to file their responses within 14 days from the date hereof.3. The application shall be heard interpartes on 23. 9.2024.

DELIVERED, SIGNED AND DATED AT KISUMU THIS 15TH DAY OF JULY, 2024. M. S. SHARIFFJUDGE