Ngaira v Ngaira [2022] KEHC 11005 (KLR)

Ngaira v Ngaira (Family Appeal 13 of 2021) [2022] KEHC 11005 (KLR) (10 June 2022) (Ruling)

Neutral citation: [2022] KEHC 11005 (KLR)

Republic of Kenya

In the High Court at Kakamega

Family Appeal 13 of 2021

WM Musyoka, J

June 10, 2022

Between

Millah Ngaira

Appellant

and

Stanley Shivachi Ngaira

Respondent

(Appeal from ruling of Hon. Zachariah Joseph Nyakundi, Senior Principal Magistrate, in Butali SPMCCC No. 77 of 2018 (formerly Kakamega HCSC No. 557 of 2013), of 16th September 2021)

Ruling

1. Am called upon to determine an application, dated 6th December 2021, which principally seeks stay of execution of the orders made in the ruling, which is the subject of the instant appeal, pending hearing and determination of the appeal.

2. The orders made in the impugned ruling are for a land surveyor to visit South Kabras/Bushu/1518, with a view to ascertain its acreage; for the land to be subdivided equally between the two houses of the deceased; and for the administrators to file for confirmation of their grant afresh.

3. The appellant herein was aggrieved by the orders, and has lodged this appeal. The memorandum of appeal is dated 27th September 2021, and was filed herein on 7th October 2021.

4. A temporary stay order was granted on 15th December 2021, and the parties went on to file written submissions, on the Motion of 6th December 2021, although directions had not been given to that effect. I have read through the written submissions, and noted the arguments advanced.

5. The appellant has lodged an appeal. These are proceedings in a succession cause, and touch on family issues. The parties have a right to have all lingering issues litigated to whatever level that they wish, so that they can get closure.

6. In view of what I have stated on paragraph 6 above, I do hereby grant stay pending appeal. To fast-rack the matter, let the Deputy Registrar call for the original trial records. The appellant shall file and serve her record of appeal in thirty days. The appeal shall be canvassed by way of written submissions. The appeal shall be mentioned on 22nd July 2022 for compliance and allocation of a date for judgment. It is so ordered.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 10THDAY OF JUNE 2022W MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Mr. Mbaka, instructed by Omwando Mbaka & Company Advocates, for the appellant.Mr. Munyendo, instructed by Oscar Wachilonga & Company, Advocates, for the respondent.