Josphat Njagi Njeru v Joseck Ireri Mark [2020] eKLR Case Summary

Court
High Court of Kenya at Embu
Category
Civil
Judge(s)
F. Muchemi
Judgment Date
October 22, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the 2020 eKLR case summary of Josphat Njagi Njeru v Joseck Ireri Mark, detailing the legal principles and judgments that shaped the outcome.

Case Brief: Josphat Njagi Njeru v Joseck Ireri Mark [2020] eKLR

1. Case Information:
- Name of the Case: Josphat Njagi Njeru v. Joseck Ireri Mark
- Case Number: Civil Appeal No. 69 of 2017
- Court: High Court of Kenya at Embu
- Date Delivered: 22nd October 2020
- Category of Law: Civil
- Judge(s): F. Muchemi
- Country: Kenya

2. Questions Presented:
The central legal issue presented before the court was whether the Notice of Appeal filed by the Respondent, Joseck Ireri Mark, should be struck out as it allegedly contravened Section 50 of the Law of Succession Act, which states that no appeal lies against the judgment/order of the High Court in probate matters.

3. Facts of the Case:
The applicant, Josphat Njagi Njeru, sought an order to strike out the Respondent's Notice of Appeal dated 22nd October 2019. The application was based on the premise that the Respondent’s appeal in Miscellaneous Application No. 3 of 2016 had been dismissed on 17th October 2019, and thus, under Section 50 of the Law of Succession Act, the Respondent had no right to appeal further. The application was supported by an affidavit from Njeru Ithiga, Advocate, and emphasized that the Respondent's actions were obstructing the implementation of the court's orders from 9th November 2017.

4. Procedural History:
The case progressed through the High Court, where the applicant filed the application to strike out the Notice of Appeal. Initially, the applicant requested that the matter be disposed of without further evidence or submissions, but the court directed that both parties submit their arguments. The applicant relied on the provisions of Section 50 of the Law of Succession Act and referenced the Court of Appeal's decision in *Francis Gachoki Murage v. Juliana Waino Kinyua & Another (2010) eKLR*, which supported the argument that appeals from the High Court in probate matters are not permissible.

5. Analysis:
- Rules: The court considered Section 50 of the Law of Succession Act, which clearly states that decisions of the High Court regarding appeals from Resident Magistrates are final and not subject to further appeal.
- Case Law: The court cited *Francis Gachoki Murage v. Juliana Waino Kinyua & Another* to reinforce the interpretation of Section 50, establishing that appeals from the High Court in probate matters are not allowed. Additionally, the court referenced *Rhoda Wairimu Karanja & Another v. Mary Wangui Karanja & Another (2014) eKLR*, which reiterated the finality of High Court decisions in such contexts.
- Application: The court found that the Respondent's Notice of Appeal was incompetent as it contravened Section 50 of the Law of Succession Act. The court noted that the Respondent had been provided opportunities to respond but failed to do so adequately, indicating a potential intention to delay justice.

6. Conclusion:
The High Court ruled in favor of the applicant, striking out the Notice of Appeal filed by the Respondent. The decision underscored the finality of the High Court's rulings in probate matters as dictated by the Law of Succession Act, thereby facilitating the implementation of the lower court's orders.

7. Dissent:
There were no dissenting opinions noted in this ruling.

8. Summary:
The case concluded with the High Court striking out the Respondent's Notice of Appeal, affirming that appeals from the High Court in probate matters are not permitted under Section 50 of the Law of Succession Act. This decision emphasizes the importance of adhering to statutory provisions regarding appeals and the finality of decisions made by the High Court in succession matters, thus promoting judicial efficiency and the timely execution of court orders.

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