Wahib Saad v Ali Salma Kassim [2014] KEKC 3 (KLR)

**_REPUBLIC OF KENYA_** **_IN THE KADHIS COURT AT KISUMU_** **_SUCCESSION CAUSE NO 22 OF 2011_** **WAHIB SAAD ALI...........................................APPLICAN**T**** ****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