[2012] KEHC 2411 (KLR)

[2012] KEHC 2411 (KLR)

The court found that the objector obtained an ex parte inhibition order but failed to serve the application on the petitioner for over a year, indicating no intention to prosecute the matter. This conduct amounted to an abuse of court process. The objector had previously been found guilty of intermeddling with the...

Source-derived case information.

Citation
[2012] KEHC 2411 (KLR)
Parties
Applicant: Chasrity Kimami Nturibi; Respondent: Paul Kithinji Nturibi
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
2 August 2012
Case Number
Succession Cause 11 of 2009
Procedural Posture
Succession Cause / Ruling on Application to Set Aside Ex Parte Orders and Lift Inhibition
Outcome
Application allowed; ex parte orders set aside; inhibition lifted; objector's application struck out; costs to applicant.
Judges
AM Cockar
Legal Topics
Administration of Estates, Grant Confirmation, Inhibition Orders, Intermeddling, Costs Award
Source Language
english
Family and Children Administration of Estates Grant Confirmation Inhibition Orders Intermeddling Costs Award

Source-derived case record

Summary, issues, holding and outcome

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Parties

Chasrity Kimami Nturibi

Applicant

Paul Kithinji Nturibi

Respondent

Procedural Posture

Succession Cause / Ruling on Application to Set Aside Ex Parte Orders and Lift Inhibition

Legal Issues

  1. 1 Whether the ex parte inhibition order obtained by the objector should be set aside for lack of service on the petitioner.
  2. 2 Whether the inhibition registered against L.R. NTIMA/IGOKI/6852 should be lifted.
  3. 3 Whether the objector's application should be struck out for abuse of court process and non-prosecution.

Ratio Decidendi

The court found that the objector obtained an ex parte inhibition order but failed to serve the application on the petitioner for over a year, indicating no intention to prosecute the matter. This conduct amounted to an abuse of court process. The objector had previously been found guilty of intermeddling with the estate, further demonstrating a pattern of improper conduct. The application to set aside the ex parte orders and lift the inhibition was unchallenged and merited. The court allowed the application, lifted the inhibition, struck out the objector's application, and ordered the respondent to bear the costs.

Court Disposition

Application allowed; ex parte orders set aside; inhibition lifted; objector's application struck out; costs to applicant.

Orders

  • The ex parte inhibition order over L.R. NTIMA/IGOKI/6852 is set aside and lifted.
  • The objector's application dated 23rd March 2011 is struck out.