In re Estate of Loontasati Ole Lolowuaya (Deceased) [2022] KEHC 10821 (KLR)

In re Estate of Loontasati Ole Lolowuaya (Deceased) (Succession Cause 1060 of 1987) [2022] KEHC 10821 (KLR) (Family) (13 June 2022) (Ruling)

Neutral citation: [2022] KEHC 10821 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Succession Cause 1060 of 1987

AO Muchelule, J

June 13, 2022

IN THE MATTER OF THE ESTATE OF THE LATE LOONTASATI OLE LOLOWUAYA (DECEASED)

Between

Moses Mooke Loontasati

Applicant

and

Twaarari Ole Loontasati Ololowuaya

1st Respondent

Martha Nashipae Loontasati

2nd Respondent

Sakai Ene Loontasati Ololowuaya

3rd Respondent

Ruling

1. The distribution of the estate of the deceased Loontasati Ole Lolowuaya was done and a Certificate of Confirmation issued on 4th April, 2016. The applicant Moses Mooke Loontasati was not satisfied and appealed to the Court of Appeal. The Court of Appeal heard the appeal and dismissed it on 20th November, 2020. On 25th October, 2021 this Court, against the wishes of the applicant, ordered that a survey be carried out to sub-divide land parcel Kajiado/Elangata/Wuasi/4 to give each beneficiary his/her portion of the estate of the deceased.

2. The applicant’s application dated 30th November 2021 basically seeks the stay of the ruling delivered on 25th October 2021. It seeks the say of the survey and sub-division of the deceased’s parcel of land. It seeks to stay the execution of the decree following the Certificate of Confirmation. The confirmation was approved by the Court of Appeal.

3. There has to be an end to litigation. I consider the present application to be vexatious, frivolous and an abuse of the court process. It is dismissed with costs.

DATED AND DELIVERED AT NAIROBI THIS 13TH DAY OF JUNE, 2022. A.O. MUCHELULEJUDGE