Misc application no 63 of 2023 Marian John Mallya
The court found that both the probate cause and the civil revision concern the same estate and involve parties with substantial interest in the outcome. The court held that the requirements for stay under section 8 of the Civil Procedure Code are met, and that the existence of a caveat does not preclude the stay application since the revision is before the Court of Appeal, which is not barred by section 59(1) of the Probate and Administration Act. Granting the stay is necessary to avoid conflicting decisions and is in the interest of justice.
Source excerpt
- Stay of proceedings
- Res sub judice
- Probate litigation
- Caveat procedure