[2008] KEHC 1766 (KLR)

[2008] KEHC 1766 (KLR)

The court found, based on the conclusive report by the District Land Registrar and Surveyor, that the construction complained of was taking place on parcel No. 5917 and not on the deceased's parcel No. 1435. As such, there was no evidence of intermeddling with the estate property. The applicant failed to establish a...

Source-derived case information.

Citation
[2008] KEHC 1766 (KLR)
Parties
Applicant: Doris Ciambaka Japhet; Respondent: __MISSING__
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
6 June 2008
Case Number
Miscellaneous Succession Cause 293 of 2003
Procedural Posture
Succession Cause / Ruling on Interlocutory Application for Injunction
Outcome
application dismissed with costs to the respondents
Judges
SP Ouko
Legal Topics
Intermeddling With Estate, Injunctive Relief, Confirmation of Grant
Source Language
english
Land and Property Intermeddling With Estate Injunctive Relief Confirmation of Grant

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Doris Ciambaka Japhet

Applicant

__MISSING__

Respondent

Procedural Posture

Succession Cause / Ruling on Interlocutory Application for Injunction

Legal Issues

  1. 1 Whether the respondents have intermeddled with the deceased's estate by constructing on parcel No. ITHIMA/NTUNENE/1435.
  2. 2 Whether the applicant is entitled to injunctive orders restraining the respondents from dealing with the estate property until confirmation of grant.

Ratio Decidendi

The court found, based on the conclusive report by the District Land Registrar and Surveyor, that the construction complained of was taking place on parcel No. 5917 and not on the deceased's parcel No. 1435. As such, there was no evidence of intermeddling with the estate property. The applicant failed to establish a prima facie case or any risk of harm to the estate property. Consequently, the application for injunctive orders lacked merit and was dismissed with costs to the respondents.

Court Disposition

application dismissed with costs to the respondents

Orders

  • The application dated 14th December, 2005 is dismissed with costs to the respondents.