[2022] KEHC 3000 (KLR)

[2022] KEHC 3000 (KLR)

The court found that the inhibition registered against land parcel Abothuguchi/Igane/24 was based on proceedings in CMCC Misc. Application No. 175 of 1999, which have since been finalized as evidenced by the destruction of the relevant court records under the Records Disposal Act. As the inhibition no longer serves any judicial purpose, and the grant for distribution of the estate has already been confirmed, the court was satisfied that the inhibition should be removed to facilitate the distribution of the estate to the beneficiaries as previously ordered.

Citation
[2022] KEHC 3000 (KLR)
Parties
Applicant: Marcy Mugure Gituma
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
30 June 2022
Case Number
Succession Cause 477 of 2015
Procedural Posture
Succession Cause / Ruling on Application to Remove Inhibition
Outcome
application granted
Judges
EM Muriithi
Legal Topics
Removal of Inhibition, Estate Administration, Land Registration, Distribution of Estate
Source Language
English
Land and Property Civil Procedure Removal of Inhibition Estate Administration Land Registration Distribution of Estate

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Parties

Marcy Mugure Gituma

Applicant

Procedural Posture

Succession Cause / Ruling on Application to Remove Inhibition

Legal Issues

  1. 1 Whether the inhibition registered against land parcel Abothuguchi/Igane/24 should be removed to allow distribution of the estate.
  2. 2 Whether the basis for the inhibition (CMCC Misc. Application No. 175 of 1999) has been finalized, rendering the inhibition unnecessary.

Ratio Decidendi

The court found that the inhibition registered against land parcel Abothuguchi/Igane/24 was based on proceedings in CMCC Misc. Application No. 175 of 1999, which have since been finalized as evidenced by the destruction of the relevant court records under the Records Disposal Act. As the inhibition no longer serves any judicial purpose, and the grant for distribution of the estate has already been confirmed, the court was satisfied that the inhibition should be removed to facilitate the distribution of the estate to the beneficiaries as previously ordered.

Court Disposition

application granted

Orders

  • The inhibition dated 21/9/1999 registered against land parcel Abothuguchi/Igane/24 is hereby removed.