Case ID:169500

In re Estate of Zakayo Ogoma Onyango – (Deceased) [2021] eKLR

Case Metadata

Case Number:

Civil Appeal 7 of 2019

Parties:

In re Estate of Zakayo Ogoma Onyango – (Deceased)

Date Delivered:

26 Jan 2021

Case Class:

Civil

Court:

High Court at Siaya

Case Action:

Ruling

Judge(s):

Roselyne Ekirapa Aburili

Citation:

In re Estate of Zakayo Ogoma Onyango – (Deceased) [2021] eKLR

Case History:

Being an appeal from the Judgment/Decree from Siaya Principal Magistrate’s Court Case No. 36 of 2016, dated 24.7.2019, before Hon. J.O. Ong’ondo – Principal Magistrate

Court Division:

Civil

County:

Siaya

History Docket No:

Civil Case 36 of 2016

History Magistrate:

Hon. J.O. Ong’ondo – Principal Magistrate

History County:

Siaya

Case Outcome:

Application dismissed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

CIVIL APPEAL NO. 7 OF 2019

IN THE MATTER OF THE ESTATE OF ZAKAYO OGOMA ONYANGO – (DECEASED)

BETWEEN

JOHN OMOLLO ANYANGO .........1

ST

APPELLANT

DANIEL ASILA ANYANGO...........2

ND

APPELLANT

VERSUS

TOPAS WANDAE ODERO...........1

ST

RESPONDENT

CONSOLATA ANYANGO ...........2

ND

RESPONDENT

(

Being an appeal from the Judgment/Decree from Siaya Principal Magistrate’s Court Case No. 36 of 2016, dated 24.7.2019, before Hon. J.O. Ong’ondo – Principal Magistrate

)

RULING

1. This appeal was determined vide a judgment dated 24.7.2019 remitting the Succession Matter to the lower court for hearing and determination in accordance with the directions of the Court. The trial (Succession) Court then heard and determined the matter and the appellant is before this court seeking for orders setting aside the confirmation of the grant issued in Siaya Principal Magistrate’s Court Case No. 36 of 2016 on 17.9.2020, among other prayers.

2. This court is

functus officio

, having determined the appeal, it cannot entertain other proceedings freshly extracted from or emanating from proceedings in the lower court, other than a fresh appeal.

3. For the above reasons, the application, dated 18.12.2020 be and is hereby dismissed for want of jurisdiction.

4. Parties to bear their own costs.

5. The file is closed.

Dated, Signed and Delivered at Siaya this 26

th

day of January 2021

R. E. ABURILI

JUDGE