[2014] KEHC 6733 (KLR)
The court found that the applicant had not demonstrated the ability to safeguard the estate pending appeal, noting evidence that she had already disposed of part of the land. The court emphasized the need to protect the estate and ensure proper administration, concluding that the estate would be better managed by...
Source-derived case information.
- Citation
- [2014] KEHC 6733 (KLR)
- Parties
- Applicant: Mary Grace Ayugu; Respondent: Alice Sebii Minayo
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 133 of 2010
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- application dismissed
- Judges
- SJ Chitembwe
- Legal Topics
- Succession Estate Distribution, Administration of Estates, Stay of Execution, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mary Grace Ayugu
Applicant
Alice Sebii Minayo
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution of the judgment pending appeal.
- 2 Whether the applicant is in a position to safeguard the estate pending appeal.
- 3 Whether the administration of the estate should remain with the applicant or be placed with the respondent.
Ratio Decidendi
The court found that the applicant had not demonstrated the ability to safeguard the estate pending appeal, noting evidence that she had already disposed of part of the land. The court emphasized the need to protect the estate and ensure proper administration, concluding that the estate would be better managed by the respondent. The application for stay of execution was therefore dismissed, but the applicant was granted priority in obtaining proceedings to facilitate her appeal. No order as to costs was made.
Court Disposition
application dismissed
Orders
- The application dated 12/6/2013 for stay of execution is dismissed.
- The proceedings herein to be given to the applicant as a matter of priority to enable her pursue her appeal.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT KAKAMEGA
SUCCESSION CAUSE NO: 133 OF 2010
IN THE MATTER OF THE ESTATE OF BENARD KARANI AYUGU.....DECEASED
AND
MARY GRACE AYUGU.......................................................PETITIONER
VERSUS
ALICE SEBII MINAYO.........................................................OBJECTOR
R U L I N G
The application dated 12/6/2013 seeks orders of stay of execution of the Judgment of this court delivered on 30/5/2013. The application is supported by the affidavit of the applicant sworn on 12th June 2013 and a further affidavit sworn on 27/6/2013 Mr. Osango, counsel for the applicant submitted that the subject matter involves land which is emotive. Counsel urged the court to grant the orders as the respondent has tried to evict the applicant from the suit premises.
Mr. Wekesa, Counsel for the respondent relied on the replying affidavit sworn on 25/6/2013. Counsel submitted that the application have been overtaken by events as the applicant left the suit land.
I have read the application and the two supporting affidavits together with the authority of MUGAH Vs KUNGA (1988) KLR 748, I have also read the replying affidavit, I do find that the decision of the court distributed the estate and the applicant became one of the beneficiaries. I also noted that some of the properties that form part of the estate could have been disposed off by the applicant. Although the matter involves land to some extent, it still a succession cause and there is urgent need to safeguard the estate. I am not satisfied that the applicant is in a position to safeguard the estate pending the hearing and determination of the appeal. There is evidence on record that she has sold part of the land.
The applicant has the right to appeal. The respondent and her children were excluded from the estate for quite sometime. The proceedings have been typed and the applicant can pursue her appeal with ease. My view is that the estate will be in good hands if its placed on the administration of the respondent as opposed to the applicant.
I do find that the application dated 16/6/2013 lacks merit and the same is dismissed. I do order that the proceedings herein be given to the applicant as a matter of priority so as to enable her pursue her appeal. There shall be no order as to costs.
Dated, signed and Delivered at Kakamega this 27th day of February 2014
SAID J. CHITEMBWE
JUDGE