Wahib Saad v Ali Salma Kassim [2014] eKLR

Wahib Saad v Ali Salma Kassim [2014] eKLR

REPUBLIC OF KENYA

IN THE KADHIS COURT AT KISUMU

SUCCESSION CAUSE NO 22 OF 2011

WAHIB SAAD ALI...........................................APPLICANT

VS

SALMA KASSIM.............................................RESPODANT
 

RULING

This is a ruling for application dated 13th June  filed

 applicant seeking this court  to issue an order of entry and access  into plot no 4  at manyata Arab   kisumu , the OCS kisumu central police station  to provide security  and lastly that cost of the application to be provided for .

The applicant based  on the ground that:

1-. applicant is a beneficiary of plot no 4 at manyata arab kisumu; two, that judgement had been entered and the estate distributed.The applicant had been denied access  and entry  by respondent  into part of the house in plot no 4.

 further grounds were adduced  in his further  affidavit  filed on 24th  June 2014  annexed with a calling letter from the high court of appeal no 32 of 2013 .

 The respondent claimed that   he had appealed against the  judgment

and he had paid cost of the appeal. During the hearing of application  on 18th June 2014  the respondent did not produce  any proof for the cost and it was ordered  that he files the proof before the delivery of this ruling

The receipts filed on 30th June 2014 by the respondent  do not show any proof of money deposited in court  pending hearing of the appeal . besides that  the respondent has not filed stay of execution of the decree issued by this court

Therefore it is the finding of this court that the cost  have not been paid  as alleged by  the respondent  and this court  therefore  grants the orders as prayed  for by the applicant.

 R/ A -30 days

  Read and delivered this 3rd day of JULY 2014 in the presence of.

Mursal.M.Sizi---------kadhi

court Assistant-----Rehema Akidah

presence of;

-MURSAL .M .SIZI- KADHI 11

-Court Assistant -Rehema Akidah,

          Petitioner-

 -Respondent 

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