[2022] KEHC 1203 (KLR)
The court found that the application was urgent and that the applicant had demonstrated sufficient grounds for the grant of an interim stay of registration of LR No. Bondo/Nyangoma/3187. The stay was necessary to preserve the subject matter of the dispute and prevent prejudice to the applicant's interests in the...
Source-derived case information.
- Citation
- [2022] KEHC 1203 (KLR)
- Parties
- Applicant: Michael Ogunde Ligoo; Respondent: Mary Ouma Ligoo
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 2 of 2022
- Procedural Posture
- Miscellaneous Succession Cause / Interim Application for Stay Pending Inter Partes Hearing
- Outcome
- Interim stay of registration granted pending inter partes hearing.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Interim Orders, Stay of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Ogunde Ligoo
Applicant
Mary Ouma Ligoo
Respondent
Procedural Posture
Miscellaneous Succession Cause / Interim Application for Stay Pending Inter Partes Hearing
Legal Issues
- 1 Whether the application for stay of registration and/or execution on land parcel LR No. Bondo/Nyangoma/3187 pending inter partes hearing should be granted.
- 2 Whether the matter is urgent and warrants certification as such.
Ratio Decidendi
The court found that the application was urgent and that the applicant had demonstrated sufficient grounds for the grant of an interim stay of registration of LR No. Bondo/Nyangoma/3187. The stay was necessary to preserve the subject matter of the dispute and prevent prejudice to the applicant's interests in the estate of the deceased pending inter partes consideration of the application. The court exercised its inherent jurisdiction to issue interim orders in succession matters where urgency and risk of prejudice are established.
Court Disposition
Interim stay of registration granted pending inter partes hearing.
Orders
- The application is certified urgent.
- Stay of registration of LR No. Bondo/Nyangoma/3187 is granted pending inter partes consideration of the application dated 28/3/2022.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISCELLANEOUS SUCCESSION CAUSE NO. 2 OF 2022
CORAM: HON. R.E. ABURILI, J
IN THE MATTER OF THE ESTATE OF JOHN WILLIAM OYOLA (DECEASED)
AND
MICHAEL OGUNDE LIGOO...............................................................................APPLICANT
AND
MARY OUMA LIGOO......................................................................................RESPONDENT
RULING
1. I have considered the application dated 28/3/2022 under Certificate of urgency.
2. I am satisfied that the application is urgent. It is hereby certified urgent.
3. On the prayer for stay of registration and or execution on land parcel No. LR No. Bondo/Nyangoma/3187 as per the decision made on 23/2/2022 vide Bondo PM Succession Cause No. 305/2020, I am satisfied that the applicant deserves an interim order of stay pending inter partesconsideration of the application herein.
4. I grant stay of registration of the LR No. Bondo/Nyangoma/3187 pending inter partesconsideration of this application dated 28/3/2022.
5. I direct the applicant to serve the Respondent with the applicant and this order for inter partes directions on 4/4/2022.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 29TH DAY OF MARCH, 2022
R.E. ABURILI
JUDGE