[2025] KEHC 3454 (KLR)

[2025] KEHC 3454 (KLR)

The court found that the orders made by the trial court on 16th December 2024, particularly the cancellation of titles, are executable and thus capable of being stayed. The appellant moved the court promptly and demonstrated that the preservation of the status quo is necessary to prevent substantial loss and to protect the right of appeal. The court recognized that, in probate and administration proceedings, the ordinary rules for stay of execution must be applied with sensitivity to the unique nature of family property disputes. Accordingly, the court granted a stay of execution, but directed the Land Registrar to prohibit any dealings with the affected titles pending the hearing and...

Citation
[2025] KEHC 3454 (KLR)
Parties
Appellant: Benson Selbys Oduke; Respondent: Roseline Akombi Machio; Respondent: Merceline Eunice Oduke; Respondent: Jackline Akinyi Machio
Court
High Court
Court Station
High Court at Busia
Jurisdiction
Kenya
Judgment Date
21 March 2025
Case Number
Family Appeal E009 of 2024
Procedural Posture
Family Appeal / Ruling on Stay of Execution Pending Appeal
Outcome
Stay of execution granted with preservation orders.
Judges
WM Musyoka
Legal Topics
Succession and Inheritance, Revocation of Grant, Stay of Execution, Gender Discrimination
Source Language
English
Family and Children Civil Procedure Succession and Inheritance Revocation of Grant Stay of Execution Gender Discrimination

Case Brief

Summary, issues, holding and outcome

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Parties

Benson Selbys Oduke

Appellant

Roseline Akombi Machio

Respondent

Merceline Eunice Oduke

Respondent

Jackline Akinyi Machio

Respondent

Procedural Posture

Family Appeal / Ruling on Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the orders made by the trial court on 16th December 2024 are capable of execution and thus warrant a stay of execution pending appeal.
  2. 2 Whether the appellant has satisfied the conditions for grant of stay of execution under order 42 rule 6 of the Civil Procedure Rules in the context of probate and administration proceedings.
  3. 3 Whether the preservation of the status quo in the estate property is necessary pending the determination of the appeal.

Ratio Decidendi

The court found that the orders made by the trial court on 16th December 2024, particularly the cancellation of titles, are executable and thus capable of being stayed. The appellant moved the court promptly and demonstrated that the preservation of the status quo is necessary to prevent substantial loss and to protect the right of appeal. The court recognized that, in probate and administration proceedings, the ordinary rules for stay of execution must be applied with sensitivity to the unique nature of family property disputes. Accordingly, the court granted a stay of execution, but directed the Land Registrar to prohibit any dealings with the affected titles pending the hearing and...

Court Disposition

Stay of execution granted with preservation orders.

Orders

  • Stay of execution of the ruling and orders issued on 16th December 2024 is granted pending appeal.
  • The Land Registrar is directed to make entries in the registers for all titles created out of Samia/Budongo/1667, prohibiting any dealings with those titles pending hearing and disposal of the appeal or for as long as the stay order is in force.