[2018] KEHC 1055 (KLR)
The court determined that, given the existence of a pending application in the Court of Appeal seeking extension of time to appeal against the dismissal of the respondents' application for revocation of grant, it would be in the interest of justice to stay the current proceedings. Allowing the applicant's request...
Source-derived case information.
- Citation
- [2018] KEHC 1055 (KLR)
- Parties
- Applicant: Stella Wanjiku Kamau; Respondent: Danson Njoroge Njeru; Respondent: Peter Kamau Njeru; Respondent: Titus Mati Njeru
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 652 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Execution of Confirmed Grant and Related Orders
- Outcome
- Application stayed pending outcome of application in the Court of Appeal.
- Judges
- LW Gitari
- Legal Topics
- Succession, Confirmation of Grant, Stay of Proceedings, Appeal Pending, Transmission of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stella Wanjiku Kamau
Applicant
Danson Njoroge Njeru
Respondent
Peter Kamau Njeru
Respondent
Titus Mati Njeru
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Execution of Confirmed Grant and Related Orders
Legal Issues
- 1 Whether the court should authorize the Deputy Registrar to sign documents for transmission of the deceased's estate to beneficiaries in light of a pending appeal.
- 2 Whether proceedings should be stayed pending determination of an application for extension of time to appeal against the dismissal of revocation of grant.
Ratio Decidendi
The court determined that, given the existence of a pending application in the Court of Appeal seeking extension of time to appeal against the dismissal of the respondents' application for revocation of grant, it would be in the interest of justice to stay the current proceedings. Allowing the applicant's request would result in execution of the grant, which is the subject of the intended appeal, potentially rendering the appeal nugatory. The court emphasized the need to resolve all issues among family members before effecting the grant and found that no prejudice would be suffered by staying the proceedings. Accordingly, the court ordered a stay of proceedings pending the outcome of the...
Court Disposition
Application stayed pending outcome of application in the Court of Appeal.
Orders
- Proceedings stayed pending the outcome of the application in the Court of Appeal.
- Matter to be mentioned after 60 days.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
SUCCESSION CAUSE NO. 652 OF 2014
IN THE MATTER OF THE ESTATE OF DAVID NJERU Alias DAVID NJERU NGONDI ……….. DECEASED
V E R S U S
STELLA WANJIKU KAMAU......................................APPLICANT
DANSON NJOROGE NJERU...........................1ST RESPONDENT
PETER KAMAU NJERU..................................2ND RESPONDENT
TITUS MATI NJERU........................................3RD RESPONDENT
RULING
1. The application pending before Court is dated 15/11/2016 whereby the applicant is seeking for the following orders;
a. The Deputy Registrar be authorized to sign all necessary documents to facilitate transfer transmission of deceased’s estate to beneficiaries and land Registrar be authorized to dispensed with production of respondent’s necessary documents during registration of RL 17 and 19.
b. OCS Wang’uru to provide security during sub-division of L.R No. Kabare/Nyagati/3294.
2. The application was based on the ground that the respondents have refused to sign necessary documents to facilitate transmission of deceased’s estate to beneficiaries and refused to surrender their necessary documents. That confirmation of grant was issued on 24/05/2016.
3. The respondents proceeded to seek revocation of grant and the court dismissed the application on 07/12/2017.
4. The respondent proceeded to file replying affidavit on 02/03/2018 stating that the applicant has failed to inform the court of existing matter before Nyeri CA Civil Application No. 17 of 2018 whereby they have filed an application dated 16/02/2018 seeking extension of time to file appeal against the ruling of 07/12/2017. That the applicant should allow the appeal to be determined.
5. In view of the pending application seeking to extend time to file an appeal, is in the interest of justice that the court awaits the outcome of the application in the Court of Appeal. This is because the application by the applicant if allowed will be followed by the execution of the ruling which the respondents have appealed against. The applicant is aware of the appeal. This being a matter involving family members, it is important that all issues are settled before the grant is effected. There will be no prejudice. I order that the proceedings be stayed pending the outcome of the application in the Court of Appeal. The matter shall be mentioned after 60 days.
Dated at Kerugoya this 13th day of December 2018.
L.W. GITARI
JUDGE