[2022] KEHC 13408 (KLR)

[2022] KEHC 13408 (KLR)

The court found that, since both parties were not opposed to the preservation of the estate, it was just and necessary to issue orders preserving Land Parcel No. North Ugenya/Karadolo/243. The court exercised its inherent jurisdiction under the Law of Succession Act to prevent any party from intermeddling with the...

Source-derived case information.

Citation
[2022] KEHC 13408 (KLR)
Parties
Appellant: Wilson Omogi Owino; Respondent: Kennedy Owino Omogi
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Family Appeal E003 of 2022
Procedural Posture
Family Appeal / Interlocutory Ruling on Preservation of Estate Pending Appeal
Outcome
Preservation orders granted; application spent; directions issued for further conduct of the appeal.
Judges
RE Aburili
Legal Topics
Estate Preservation, Intermeddling With Estate, Administration of Estate, Succession Disputes
Source Language
en
Family and Children Land and Property Estate Preservation Intermeddling With Estate Administration of Estate Succession Disputes

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Parties

Wilson Omogi Owino

Appellant

Kennedy Owino Omogi

Respondent

Procedural Posture

Family Appeal / Interlocutory Ruling on Preservation of Estate Pending Appeal

Legal Issues

  1. 1 Whether the estate of the deceased should be preserved pending the determination of the appeal.
  2. 2 Whether parties should be restrained from intermeddling with the estate property.

Ratio Decidendi

The court found that, since both parties were not opposed to the preservation of the estate, it was just and necessary to issue orders preserving Land Parcel No. North Ugenya/Karadolo/243. The court exercised its inherent jurisdiction under the Law of Succession Act to prevent any party from intermeddling with the estate by way of sale, alienation, transfer, or construction of new houses until the dispute is heard and determined. The court further directed the parties to attempt an amicable resolution regarding the administration of the estate and set timelines for the filing of the record of appeal and a mention date for further directions.

Court Disposition

Preservation orders granted; application spent; directions issued for further conduct of the appeal.

Orders

  • The estate of the deceased comprising Land Parcel No. North Ugenya/Karadolo/243 shall be preserved; no party shall intermeddle by way of sale, alienation, transfer, or construction of new houses until determination of the dispute.
  • The application dated 20/9/2022 is spent.