[2024] KEHC 6445 (KLR)
The court found that the application for revocation and annulment of grant raised urgent issues regarding the alleged improper acquisition of estate property by the respondent. Given the risk that the subject land could be interfered with or disposed of before the matter is heard interpartes, the court certified the...
Source-derived case information.
- Citation
- [2024] KEHC 6445 (KLR)
- Parties
- Applicant: Mary Anyango Ombura; Respondent: Hellen Adhiambo Akello
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E031 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Interlocutory Application for Interim Injunction Pending Interpartes Hearing
- Outcome
- Application certified as urgent; interim injunction granted pending interpartes hearing.
- Judges
- RE Aburili
- Legal Topics
- Revocation of Grant, Interim Injunction, Estate Property Dispute, Confirmation of Grant, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Anyango Ombura
Applicant
Hellen Adhiambo Akello
Respondent
Procedural Posture
Miscellaneous Succession Cause / Interlocutory Application for Interim Injunction Pending Interpartes Hearing
Legal Issues
- 1 Whether the application for revocation and annulment of grant is urgent and warrants interim injunctive relief.
- 2 Whether the Respondent should be restrained from dealing with land parcel Kisumu/Manyatta ‘B’/735 pending interpartes hearing.
Ratio Decidendi
The court found that the application for revocation and annulment of grant raised urgent issues regarding the alleged improper acquisition of estate property by the respondent. Given the risk that the subject land could be interfered with or disposed of before the matter is heard interpartes, the court certified the application as urgent and granted an interim injunction restraining the respondent and any other person from dealing with land parcel Kisumu/Manyatta ‘B’/735. The court exercised its discretion to preserve the estate property pending the hearing of the application, in line with the principles governing interim injunctive relief in succession matters.
Court Disposition
Application certified as urgent; interim injunction granted pending interpartes hearing.
Orders
- The application dated 22nd May 2024 is certified as urgent.
- Applicant to serve the Respondent forthwith for interpartes directions on 13th June 2024.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of Washington Ogola Owiti (Deceased) (Miscellaneous Succession Cause E031 of 2024) [2024] KEHC 6445 (KLR) (30 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6445 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E031 of 2024
RE Aburili, J
May 30, 2024
Between
Mary Anyango Ombura
Applicant
and
Hellen Adhiambo Akello
Respondent
Ruling
1. I have perused the summons for revocation and annulment of grant dated 22nd May 2024, the grounds in support and the supporting affidavit as well as the annextures thereto.
2. The main Succession Cause file is HC Succession Cause No. 514 OF 2001 which was closed on 25th July 2022 upon the confirmation of grant.
3. I have also perused the certificate of urgency. I am satisfied that the application is urgent as land which is subject of the estate property and allegedly belonging to a totally different deceased person’s estate was acquired by the Petitioner/Respondent whose acquisition is under challenge.
4. I certify the application dated 22nd May 2024 as urgent. I direct that Applicant to serve the Respondent forthwith for interpartes directions on 13th June 2024.
5. In the intervening period, I grant an interim injunction restraining the Respondent Hellen Adhiambo Akello and any other person from interfering with or dealing in any manner with land parcel No. Kisumu/Manyatta ‘B’/735.
6. This order to be extracted and served upon the Respondent forthwith.
7. The Applicant’s counsel to be notified via email forthwith.
Dated, Signed and Delivered at Kisumu this 30th Day of May, 2024R. E. ABURILIJUDGE