The High Court refused to release Kshs. 500,000 deposited as security, holding that a later subsisting order in a related matter redirected it to secure an intended appeal.
In re Estate of Munyasa (Deceased) (Succession Cause 78 of 2012) [2026] KEHC 9877 (KLR) (6 July 2026) (Ruling)
Court
High Court
Case number
Succession Cause 78 of 2012
Judge
["S Mbungi"]
The court held that the confirmed grant of 14 October 2015, as amended on 28 September 2021, remains binding and enforceable because the prior ruling of 27 November 2025 had not been appealed, reviewed or stayed. The respondents could not rely on the boundary/access road dispute to indefinitely suspend implementation of the grant. However, no sufficient basis was shown for issuance of a fresh grant because the existing grant had not been invalidated and no death, incapacity or renunciation had been proved. The court therefore compelled execution of the transmission documents, preserved the ea…
Source excerpt
Confirmation and transmission of grant
Compellability of beneficiaries to execute transfer documents
Deputy registrar execution in default
Effect of subsisting court orders
Boundary/access road dispute in succession administration