[2024] KEHC 3356 (KLR)
The court found that the continued existence of the inhibition on LR Kiirua/Kiirua-Nkando/531 would hinder the completion of the distribution of the deceased's estate, contrary to the purpose of the court's distribution orders. As the property had already been distributed to a beneficiary, the inhibition no longer...
Source-derived case information.
- Citation
- [2024] KEHC 3356 (KLR)
- Parties
- Applicant: Catherine Ncabira; Respondent: Beatrice Kaburo Meme
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 682 of 2012
- Procedural Posture
- Succession Cause / Ruling on Summons to Lift Inhibition
- Outcome
- Application allowed; inhibition lifted.
- Judges
- TW Cherere
- Legal Topics
- Probate and Administration, Estate Distribution, Inhibition Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Catherine Ncabira
Applicant
Beatrice Kaburo Meme
Respondent
Procedural Posture
Succession Cause / Ruling on Summons to Lift Inhibition
Legal Issues
- 1 Whether the inhibition placed on LR Kiirua/Kiirua-Nkando/531 should be lifted to enable completion of the distribution of the deceased's estate.
Ratio Decidendi
The court found that the continued existence of the inhibition on LR Kiirua/Kiirua-Nkando/531 would hinder the completion of the distribution of the deceased's estate, contrary to the purpose of the court's distribution orders. As the property had already been distributed to a beneficiary, the inhibition no longer served a protective function and its removal was necessary to effectuate the court's orders and finalize the administration of the estate.
Court Disposition
Application allowed; inhibition lifted.
Orders
- An order is hereby issued lifting the inhibition placed on LR Kiirua/Kiirua-Nkando/531.
- This cause will be mentioned on 19th September, 2024 to confirm transmission of the estate.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Cyprian Meme Rukunga alias Cyprian Meeme Rukunga (Deceased) (Succession Cause 682 of 2012) [2024] KEHC 3356 (KLR) (14 March 2024) (Ruling)
Neutral citation: [2024] KEHC 3356 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 682 of 2012
TW Cherere, J
March 14, 2024
Between
Catherine Ncabira
Applicant
and
Beatrice Kaburo Meme
Petitioner
Ruling
1. By an order dated 13th August, 2021, an inhibition was placed on deceased’s estate known as LR Kiirua/Kiirua-Nkando/531.
2. Subsequently, the estate of the deceased was distributed and specifically LR Kiirua/Kiirua-Nkando/531 was distributed to one Ndaka Kirigia.
3. By summons dated 22nd November, 2023, supported by an affidavit sworn by Catherine Ncabira (Applicant) on 06th December, 2023, Applicant prays that the inhibition on LR Kiirua/Kiirua-Nkando/531 be lifted to enable her complete the distribution of the estate.
4. I have considered the application and I am persuaded that the inhibition, unless lifted with hinder the distribution of the estate and defeat the sole purpose for which the court distributed the estate.
5. Consequently, the summons dated 22nd November, 2023 is allowed in the following terms:1. An order is hereby issued lifting the inhibition placed on LR Kiirua/Kiirua-Nkando/5312. This cause will be mentioned on 19th September, 2024 to confirm transmission of the estate
DATED AT MERU THIS 14TH DAY OF MARCH 2024. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicant - Ms. Gachohi for G.M.Wanjohi, Mutuma & Co. AdvocatesRespondent - N/A