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|Case Number:||Succession Cause 22 of 2011|
|Parties:||Wahib Saad v Ali Salma Kassim|
|Date Delivered:||03 Jul 2014|
|Court:||Kadhis Court at Kisumu|
|Citation:||Wahib Saad v Ali Salma Kassim  eKLR|
|Parties Profile:||Individual v Individual|
|Case Outcome:||Application allowed.|
|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 KADHIS COURT AT KISUMU
SUCCESSION CAUSE NO 22 OF 2011
WAHIB SAAD ALI...........................................APPLICANT
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.
court Assistant-----Rehema Akidah
-MURSAL .M .SIZI- KADHI 11
-Court Assistant -Rehema Akidah,