Nechesa v Lusiji & another (Environment and Land Case E004 of 2024) [2025] KEELC 6050 (KLR)

5. That the suit land was part of the estate of the deceased and constitutes her matrimonial home. That the plaintifi acquired the suit land by way of transmission pursuant to a Certificate of Confirmation of Grant issued in Hamisi, PMC Succ Cause No. 13 of 2015. 6. That the beneficiaries of the estate of the deceased have petitioned for revocation and/or annulment of the said Grant and reversal of the properties back to the name of the deceased including the suit property. That in the event that the said Summons for revocation of Grant is allowed the title herein would revert to the deceased therefore directly afiect the suit herein and the plaintifi’s legal capacity to maintain the suit. 7. To the Supporting Afidavit were attached Grant of Letters of Administration dated 8th June 2025 issued by the SRM’s Court at Hamisi in Succ Cause No. 13 of 2015 in respect of the estate of Samuel Lusichi Amakanga. The Grant was issued to the plaintifi herein. 8. The application was opposed vide the Replying Afidavit sworn by the plaintifi /respondent on 21st May 2025. The plaintifi deposed that the defendants are not party to the Summons for Revocation and/or annulment of Grant and that the objector in the Succession cause is not a party in this suit. 9. That the 1st Defendant owns L.R No. Tiriki/Serem/5 where her matrimonial home is located. That the 2nd Defendant is a son of the 1st Defendant. That before confirmation of the Grant in Succ Cause No. 13 of 2015 (Hamisi) the deceased’s family deliberated through a number of meetings on how to distribute the estate of the deceased. That the applicants’ main intention is to stay these proceedings as they continue occupying and using her land to her disadvantage. That due process was followed in obtaining and in the confirmation of Administration Intestate in respect of the estate of the deceased and that the applicant was aware of the proceedings. 10. To the Replying Afidavit was attached Certificate of Confirmation of Grant dated 28th February 2017, an order in Kakamega ELC Case No. 194 of 2017 dated 14th December 2017 between the plaintifi herein and one Rosalia Italia where the defendant was given 3 months to vacate the suit land herein and in default an eviction order to issue, minutes dated 13/12/2014, Notice of Motion dated 12th February 2018 in Kakamega HC Succ Cause No. 316 of 2015, proceedings in Hamisi PMC Succ Cause No. 13 of 2015. 11. The application was heard by way of oral submissions. I have considered the application, the opposition thereto and the submissions made. 12. The considerations in an application of this nature as held in Global Tours and Travels Limited – Nairobi H.C Winding up Cause No. 43 of 2000 are the need for expeditious disposal of cases, the prima facie merits of the intended action, the scarcity and optimum utilization of judicial time and whether the application has been brought expeditiously. 13. In the present case, the application is based on the grounds that there is an application in the Succession cause seeking to revoke and/or annual the Grant of Letters of Administration granted to the plaintifi and revert the land to the deceased. 14. It is not denied that the suit land was part of the estate of the deceased and that it was registered in favour of the plaintifi pursuant to a transmission on the basis of the Grant whose revocation and/or annulment is being sought in the succession cause. It is also not denied that all the parties in this suit were members of the family and beneficiaries to the estate of the deceased. 15. Whether the Grant was obtained in a lawful way will be a matter for determination by the Probate and Administration court in the summons for revocation and/or annulment of the Grant. While the https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6050/eng@2025-09-18 2

page 2 of 3

plaintifi is entitled to expeditious disposal of the suit, given the special history /circumstances of this case, I find that the application is merited. 16. 19. It will be futile for the hearing of the suit to proceed only for the title to be cancelled and the land reverted to the estate of the deceased, should the summons for revocation of the grant succeed. On the other hand less prejudice will be occasioned by an order of stay of proceedings pending determination of the summons for revocation and/or annulment of Grant. The court therefore finds that the application has merit and hereby allows it as follows: a. An order of stay of the proceedings herein is hereby granted pending hearing and determination of the Summons for revocation and/or annulment of Grant in Hamisi PM Succ Cause No. 13 of 2015. b. Costs of the application to abide the outcome of the suit. The applicants are hereby directed to fast track the disposal of the Summons for Revocation of Grant application and are hereby directed to furnish this court with the status/progress report of the application on 15/10/2025 when this matter shall be mentioned for further directions. Orders accordingly. RULING DATED AND SIGNED AT VIHIGA AND DELIVERED VIRTUALLY THIS 18TH DAY OF SEPTEMBER 2025. E. ASATI, JUDGE. In the presence of: Ajevi- Court Assistant. Plaintifi/respondent present in person N/A for the Respondents. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6050/eng@2025-09-18 3

page 3 of 3