[2014] KEHC 7581 (KLR)

[2014] KEHC 7581 (KLR)

The court found that there was a real risk that the estate could be distributed in accordance with the confirmed grant before the application for revocation was heard, which would defeat the purpose of the revocation proceedings. To preserve the subject matter and ensure the revocation application is not rendered...

Source-derived case information.

Citation
[2014] KEHC 7581 (KLR)
Parties
Applicant: Ruth Muthoni Kariuki; Respondent: Estate of Muthoni Mbua (Deceased)
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Succession Cause 452 of 2012
Procedural Posture
Succession Cause / Interlocutory Application for Stay and Preservation Pending Revocation Hearing
Outcome
Interim preservation orders confirmed; implementation of the certificate of confirmation of grant stayed pending hearing and determination of the revocation application.
Judges
DN Musyoka
Legal Topics
Grant Revocation, Confirmation of Grant, Estate Preservation
Source Language
en
Family and Children Grant Revocation Confirmation of Grant Estate Preservation

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Parties

Ruth Muthoni Kariuki

Applicant

Estate of Muthoni Mbua (Deceased)

Respondent

Procedural Posture

Succession Cause / Interlocutory Application for Stay and Preservation Pending Revocation Hearing

Legal Issues

  1. 1 Whether the implementation of the certificate of confirmation of grant should be stayed pending the hearing and determination of the revocation application.
  2. 2 Whether interim preservation orders should be confirmed to prevent the estate from being distributed before the revocation application is heard.

Ratio Decidendi

The court found that there was a real risk that the estate could be distributed in accordance with the confirmed grant before the application for revocation was heard, which would defeat the purpose of the revocation proceedings. To preserve the subject matter and ensure the revocation application is not rendered nugatory, the court confirmed the interim orders previously granted, staying the implementation of the certificate of confirmation of grant until the revocation application is determined.

Court Disposition

Interim preservation orders confirmed; implementation of the certificate of confirmation of grant stayed pending hearing and determination of the revocation application.

Orders

  • The interim orders of 25th June 2013 are confirmed.
  • Implementation of the certificate of confirmation of grant dated 5th February 2013 is stayed pending hearing and disposal of the revocation application dated 21st June 2013.