In re Estate of Teket ole Pasiany (Deceased) (Succession Cause E012 of 2024) [2026] KEHC 5581 (KLR) (28 April 2026) (Ruling)

In re Estate of Teket ole Pasiany (Deceased) (Succession Cause E012 of 2024) [2026] KEHC 5581 (KLR) (28 April 2026) (Ruling)

The issue of disqualification of Lelei & Associates Advocates was overtaken by events as new advocates are now on record. The Applicant failed to demonstrate a legally enforceable right, as the sale and subdivision of estate property without a grant of representation are void under the Law of Succession Act. The threshold for injunctive relief was not met, and the basis for striking out pleadings no longer exists. Costs follow the event and are to be in the main cause.

Citation
[2026] KEHC 5581 (KLR)
Parties
2nd Objector/applicant: Lemanduku Ole Morompi; Petitioner/respondent: Kirrinkol Pasiany; Petitioner/respondent: Pasiany Parsalala Gideon
Court
High Court
Jurisdiction
Kenya
Judgment Date
28 April 2026
Case Number
Succession Cause E012 of 2024
Procedural Posture
Succession Cause / Ruling on Interlocutory Application
Outcome
Application dismissed
Legal Topics
Conflict of Interest, Disqualification of Advocate, Injunctive Relief, Striking Out Pleadings, Intermeddling With Estate, Sale of Estate Property Without Grant
Source Language
English
Succession Law Civil Procedure Professional Ethics Conflict of Interest Disqualification of Advocate Injunctive Relief Striking Out Pleadings Intermeddling With Estate +1 more

Case Brief

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Parties

Lemanduku Ole Morompi

2nd Objector/applicant

Kirrinkol Pasiany

Petitioner/respondent

Pasiany Parsalala Gideon

Petitioner/respondent

Procedural Posture

Succession Cause / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the issue of disqualification of Lelei & Associates Advocates has been overtaken by events
  2. 2 Whether the Objector/Applicant has met the threshold for the grant of interlocutory injunctive orders
  3. 3 Whether the pleadings filed on behalf of the Petitioners/Respondents ought to be struck out

Ratio Decidendi

The issue of disqualification of Lelei & Associates Advocates was overtaken by events as new advocates are now on record. The Applicant failed to demonstrate a legally enforceable right, as the sale and subdivision of estate property without a grant of representation are void under the Law of Succession Act. The threshold for injunctive relief was not met, and the basis for striking out pleadings no longer exists. Costs follow the event and are to be in the main cause.

Court Disposition

Application dismissed

Orders

  • The prayer for the disqualification of Lelei & Associates Advocates is marked as spent, having been overtaken by events.
  • The application dated 1st April 2025 is dismissed in its entirety.