[2022] KEHC 10821 (KLR)
The court found that the applicant's request for a stay of execution was without merit because the distribution of the estate had already been confirmed by the Court of Appeal, and the present application was merely an attempt to re-litigate matters that had been conclusively determined. The court emphasized the...
Source-derived case information.
- Citation
- [2022] KEHC 10821 (KLR)
- Parties
- Applicant: Moses Mooke Loontasati; Respondent: Twaarari Ole Loontasati Ololowuaya; Respondent: Martha Nashipae Loontasati; Respondent: Sakai Ene Loontasati Ololowuaya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1060 of 1987
- Procedural Posture
- Succession Cause / Ruling on Application for Stay of Execution
- Outcome
- application dismissed with costs
- Judges
- AO Muchelule
- Legal Topics
- Estate Administration, Confirmation of Grant, Stay of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Mooke Loontasati
Applicant
Twaarari Ole Loontasati Ololowuaya
Respondent
Martha Nashipae Loontasati
Respondent
Sakai Ene Loontasati Ololowuaya
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution of the ruling delivered on 25th October 2021 regarding the sub-division of the deceased's land parcel.
- 2 Whether the continued applications by the applicant constitute an abuse of the court process.
Ratio Decidendi
The court found that the applicant's request for a stay of execution was without merit because the distribution of the estate had already been confirmed by the Court of Appeal, and the present application was merely an attempt to re-litigate matters that had been conclusively determined. The court emphasized the need for finality in litigation and held that the application was vexatious, frivolous, and an abuse of the court process. Consequently, the application was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application dated 30th November 2021 is dismissed with costs.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of Loontasati Ole Lolowuaya (Deceased) (Succession Cause 1060 of 1987) [2022] KEHC 10821 (KLR) (Family) (13 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10821 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 1060 of 1987
AO Muchelule, J
June 13, 2022
IN THE MATTER OF THE ESTATE OF THE LATE LOONTASATI OLE LOLOWUAYA (DECEASED)
Between
Moses Mooke Loontasati
Applicant
and
Twaarari Ole Loontasati Ololowuaya
1st Respondent
Martha Nashipae Loontasati
2nd Respondent
Sakai Ene Loontasati Ololowuaya
3rd Respondent
Ruling
1. The distribution of the estate of the deceased Loontasati Ole Lolowuaya was done and a Certificate of Confirmation issued on 4th April, 2016. The applicant Moses Mooke Loontasati was not satisfied and appealed to the Court of Appeal. The Court of Appeal heard the appeal and dismissed it on 20th November, 2020. On 25th October, 2021 this Court, against the wishes of the applicant, ordered that a survey be carried out to sub-divide land parcel Kajiado/Elangata/Wuasi/4 to give each beneficiary his/her portion of the estate of the deceased.
2. The applicant’s application dated 30th November 2021 basically seeks the stay of the ruling delivered on 25th October 2021. It seeks the say of the survey and sub-division of the deceased’s parcel of land. It seeks to stay the execution of the decree following the Certificate of Confirmation. The confirmation was approved by the Court of Appeal.
3. There has to be an end to litigation. I consider the present application to be vexatious, frivolous and an abuse of the court process. It is dismissed with costs.
DATED AND DELIVERED AT NAIROBI THIS 13TH DAY OF JUNE, 2022. A.O. MUCHELULEJUDGE