[2019] KEHC 6884 (KLR)
The court found that the applicant had demonstrated sufficient grounds for the stay of implementation of the certificate of confirmation of grant. The existence of a pending suit (Busia H.C.C. E.L.C. NO. 18 OF 2019) concerning the same property and the applicant's claim as a purchaser from the deceased created a...
Source-derived case information.
- Citation
- [2019] KEHC 6884 (KLR)
- Parties
- Respondent: Eunice Amoit Papai; Respondent: George Imwene Papai; Applicant: Johnstone Onyait Isudi
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 110 of 2015
- Procedural Posture
- Probate and Administration Application / Ruling on Application for Stay of Implementation of Certificate of Confirmation of Grant
- Outcome
- application allowed
- Judges
- KW Kiarie
- Legal Topics
- Probate Grant Stay, Land Purchase Dispute, Pending Related Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eunice Amoit Papai
Respondent
George Imwene Papai
Respondent
Johnstone Onyait Isudi
Applicant
Procedural Posture
Probate and Administration Application / Ruling on Application for Stay of Implementation of Certificate of Confirmation of Grant
Legal Issues
- 1 Whether the implementation of the certificate of confirmation of grant should be stayed pending determination of a related suit.
- 2 Whether the applicant's interest as a purchaser of the estate property warrants a stay of execution.
- 3 Whether there is a risk of conflicting or duplicative court orders if the stay is not granted.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for the stay of implementation of the certificate of confirmation of grant. The existence of a pending suit (Busia H.C.C. E.L.C. NO. 18 OF 2019) concerning the same property and the applicant's claim as a purchaser from the deceased created a real risk of conflicting or duplicative orders if the grant was implemented before the suit was determined. The court exercised its discretion under the Probate and Administration Rules and the Civil Procedure Act to grant the stay, ensuring that the interests of justice and orderly administration of the estate were preserved.
Court Disposition
application allowed
Orders
- Stay of implementation of the certificate of confirmation of grant dated 16th February 2017 is granted.
- Each party to bear their own costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
PROBATE & ADMINSTRATION NO. 110 OF 2015
IN THE ESTATE OF:
ALFRED PAPAI ORAITO.............................................DECEASED
BETWEEN
EUNICE AMOIT PAPAI
GEORGE IMWENE PAPAI......PETITIONERS/RESPONDENTS
AND
JOHNSTONE ONYAIT ISUDI.............OBJECTOR/APPLICANT
RULING
1. Johnstone Onyait Isudi, the objector/applicant herein moved the court by way of chamber summons dated 11th March 2019 under Rules 49 and 73 of Probate and Administration Rules sections 1, 1A &3A of the Civil Procedure Act. He is seeking for stay of implementation of the certificate of confirmation of grant dated 16th February 2017.
2. The application is premised on the following grounds:
a) That the applicant purchased a portion of land parcel number N.TESO/ABOLOI/387 from the deceased.
b) That the applicant has filed Busia H.C.C. E.L.C. NO. 18 OF 2019 which is still pending and whose outcome has a bearing on the application for revocation now pending.
c) That there is a likelihood of conflict or duplicity of orders.
3. The application was opposed.
4. I have perused the affidavit of the objector/applicant, his attached exhibits and the record. The application in my view is merited. I allow it and each party to bear own costs.
DELIVEREDandSIGNEDatBUSIA this 13thdayof June, 2019
KIARIE WAWERU KIARIE
JUDGE