In re Estate of Alfred Papai Oraito (Deceased) [2019] KEHC 6884 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT BUSIA

PROBATE & ADMINSTRATION NO. 110 OF 2015

IN THE ESTATE OF:

ALFRED PAPAI ORAITO.............................................DECEASED

BETWEEN

EUNICE AMOIT PAPAI

GEORGE IMWENE PAPAI......PETITIONERS/RESPONDENTS

AND

JOHNSTONE ONYAIT ISUDI.............OBJECTOR/APPLICANT

RULING

1.  Johnstone Onyait Isudi, the objector/applicant herein moved the court by way of chamber summons dated 11th March 2019 under Rules 49 and 73 of Probate and Administration Rules sections 1, 1A &3A of the Civil Procedure Act. He is seeking for stay of implementation of the certificate of confirmation of grant dated 16th February 2017.

2.  The application is premised on the following grounds:

a) That the applicant purchased a portion of land parcel number N.TESO/ABOLOI/387 from the deceased.

b) That the applicant has filed Busia H.C.C. E.L.C. NO. 18 OF 2019 which is still pending and whose outcome has a bearing on the application for revocation now pending.

c) That there is a likelihood of conflict or duplicity of orders.

3. The application was opposed.

4. I have perused the affidavit of the objector/applicant, his attached exhibits and the record.  The application in my view is merited. I allow it and each party to bear own costs.

DELIVEREDandSIGNEDatBUSIA this 13thdayof June, 2019

KIARIE WAWERU KIARIE

JUDGE