[2020] KEHC 6568 (KLR)
The court found that, in order to safeguard the subject matter of the succession dispute—namely, the parcel of land L.R. NO. KISUMU/MANYATTA “B”/41—it was necessary to issue a conservatory order stopping all further developments on the land. The urgency of the application and the exceptional circumstances of the...
Source-derived case information.
- Citation
- [2020] KEHC 6568 (KLR)
- Parties
- Applicant: Beatrice Awino Ongaro; Respondent: Edward Olang'o Omino
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 103 of 2009
- Procedural Posture
- Succession Cause / Ex Parte Conservatory Order at Interlocutory Stage
- Outcome
- Conservatory order granted ex parte, stopping developments on the subject land for 14 days, with liberty to apply and further directions scheduled.
- Legal Topics
- Interim Injunctions, Estate Administration, Conservatory Orders, Succession Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beatrice Awino Ongaro
Applicant
Edward Olang'o Omino
Respondent
Procedural Posture
Succession Cause / Ex Parte Conservatory Order at Interlocutory Stage
Legal Issues
- 1 Whether a conservatory order should be issued to stop developments on L.R. NO. KISUMU/MANYATTA “B”/41 pending hearing of the application.
- 2 How to balance the interests of the applicant, respondent, and beneficiaries during the COVID-19 pandemic.
Ratio Decidendi
The court found that, in order to safeguard the subject matter of the succession dispute—namely, the parcel of land L.R. NO. KISUMU/MANYATTA “B”/41—it was necessary to issue a conservatory order stopping all further developments on the land. The urgency of the application and the exceptional circumstances of the COVID-19 pandemic justified the ex parte hearing and the immediate grant of interim relief. The court also recognized the need to balance the interests of all parties, including the respondent and other beneficiaries, by granting liberty to apply for variation of the orders. The court further directed that service be effected electronically due to pandemic restrictions, and set a...
Court Disposition
Conservatory order granted ex parte, stopping developments on the subject land for 14 days, with liberty to apply and further directions scheduled.
Orders
- All further developments on L.R. NO. KISUMU/MANYATTA “B”/41 are stopped immediately for 14 days.
- Liberty to apply is granted to all parties.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
SUCCESSION CAUSE NO. 103 OF 2009
IN THE MATTER OF THE ESTATE OF HENRY MICAH OMINO
8th April 2020
Coram: Ochieng – J.
Court Assistant: Maureen Ojala
Exparte
1. I do hereby certify as urgent the Application lodged in court today, by BEATRICE AWINO ONGARO, and I admit it to hearing during the current Court Recess.
2. The application is admitted to hearing forthwith, and exparte, in the first instance.
3. In order to safeguard the subject matter of the application, namely L.R. NO. KISUMU/MANYATTA “B”/41, it is hereby ordered that all further developments on that parcel of land be stopped immediately.
4. This Conservatory Order shall, in the first instance remain in place for a period of 14 days.
5. However, in acknowledgement of the exceptional circumstances prevailing in Kenya, due to the Corona Virus Pandemic, the parties are hereby notified that it may well prove necessary to extend the interim orders.
6. In order to safeguard the interests of the Respondent, EDWARD OLANG’O OMINO, as well as the interests of the beneficiaries of the Estate, I do hereby grant liberty to apply; so that any party feeling aggrieved may be able to move the court for appropriate orders.
7. This Order shall be served by the Applicant.
8. All the parties are ordered to provide their email addresses, to which service upon them may be effected electronically.
9. After the Respondents are served, and have provided their email addresses, service of applications, orders, rulings or of any other court processes will be effected through the said addresses.
10. Mention is fixed for 22nd April 2020, for Further Directions as to the hearing of the application.
As parties are not allowed to gain access into the Court-house, due to the Corona Virus Pandemic, it may well be necessary to have all matters relayed in writing.
11. In order to assist the court in putting together the most appropriate Directions, on 22nd April 2020, the parties are invited to put forward their suggested Directions.
DATED, SIGNEDandDELIVERED at KISUMUThis 8th day of April 2020
FRED A. OCHIENG
JUDGE