[2021] KEHC 6182 (KLR)
The court determined that proceeding with confirmation of grant and distribution of the estate, excluding the disputed property Kakamega/Shibuname/616, could result in injustice or inconvenience to some beneficiaries. Therefore, confirmation of the grant is suspended until the protestor's entitlement to the disputed...
Source-derived case information.
- Citation
- [2021] KEHC 6182 (KLR)
- Parties
- MISSING: Petro Aiya Chisagha alias Khaiya Shisaka (Deceased); Applicant: Administrator (unnamed); Respondent: Protestor (alleged buyer, unnamed)
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 911 of 2015
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant and Protest
- Outcome
- Confirmation of grant suspended pending determination of protestor's entitlement to disputed property.
- Judges
- DN Musyoka
- Legal Topics
- Confirmation of Grant, Estate Distribution, Beneficiary Entitlements, Purchaser Interest in Estate Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Petro Aiya Chisagha alias Khaiya Shisaka (Deceased)
MISSING
Administrator (unnamed)
Applicant
Protestor (alleged buyer, unnamed)
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Protest
Legal Issues
- 1 Whether the confirmation of grant should proceed before determination of the protestor's entitlement to Kakamega/Shibuname/616.
- 2 Whether distribution of the remaining estate property without resolving the protest would cause injustice or inconvenience to beneficiaries.
Ratio Decidendi
The court determined that proceeding with confirmation of grant and distribution of the estate, excluding the disputed property Kakamega/Shibuname/616, could result in injustice or inconvenience to some beneficiaries. Therefore, confirmation of the grant is suspended until the protestor's entitlement to the disputed property is determined by the Environment and Land Court. The parties are at liberty to apply once a determination is made regarding the disputed property.
Court Disposition
Confirmation of grant suspended pending determination of protestor's entitlement to disputed property.
Orders
- Confirmation of grant is suspended until the protestor's entitlement in Kakamega/Shibuname/616 is determined.
- Parties may move the court once a determination is made regarding the disputed property.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
SUCCESSION CAUSE NO. 911 OF 2015
IN THE MATTER OF THE ESTATE OF PETRO AIYA CHISAGHA alias KHAYIYA SHISAKA (DECEASED)
RULING
1. On 30th October 2020, I delivered a judgment herein, wherein I dismissed a protest by an alleged buyer of estate property, but I set aside the property he was claiming, Kakamega/Shibuname/616, to allow the protestor pursue his claim against that property at the Environment and Land Court. That had the effect of postponing distribution of the estate with respect to that asset.
2. There was a second limb to the judgment. I postponed the confirmation application generally, to allow the administrator address certain issues, by filing an affidavit to that effect. That he has done, by filing an affidavit herein, on 27th January 2021, sworn on 25th January 2021.
3. From my reading of the said affidavit, I am of the persuasion, that distribution of Kakamega/Shibuname/1185, without Kakamega/Shibuname/616, could occasion injustice or inconvenience to some of the beneficiaries. Consequently, I hold the view that confirmation of the grant be suspended until after the issue of the protestor’s entitlement in Kakamega/Shibuname/616 is determined. The parties shall move the court once a determination is made with respect to the same. There is liberty to apply.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 18th DAY OF June 2021
W. MUSYOKA
JUDGE