[2019] KEHC 6925 (KLR)
The court found that the issues raised in the applicant's motion for inhibition had already been fully addressed and determined in its earlier ruling delivered on 22nd November 2018. The court held that the applicant's grievances regarding the alleged irregular and fraudulent transfers and subdivisions of the estate...
Source-derived case information.
- Citation
- [2019] KEHC 6925 (KLR)
- Parties
- Respondent: Terethina Nchenge M’Ikiara; Applicant: Anicia Kajijo M’Ikiara
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 286 of 2011
- Procedural Posture
- Succession Cause / Ruling on Interlocutory Application for Inhibition
- Outcome
- application dismissed with costs to the respondent
- Legal Topics
- Inhibition Orders, Fraudulent Land Transfer, Confirmation of Grant, Subdivision of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Terethina Nchenge M’Ikiara
Respondent
Anicia Kajijo M’Ikiara
Applicant
Procedural Posture
Succession Cause / Ruling on Interlocutory Application for Inhibition
Legal Issues
- 1 Whether the applicant is entitled to orders of inhibition restraining dealings with the specified land parcels pending determination of the application.
- 2 Whether the transfers and subdivisions by the respondent were irregular and contrary to the original certificate of confirmation of grant.
- 3 Whether the issues raised in the application had already been determined in the previous ruling of the court.
Ratio Decidendi
The court found that the issues raised in the applicant's motion for inhibition had already been fully addressed and determined in its earlier ruling delivered on 22nd November 2018. The court held that the applicant's grievances regarding the alleged irregular and fraudulent transfers and subdivisions of the estate land parcels were sufficiently redressed in that prior decision. As such, the present application was deemed res judicata and an abuse of the court process. The court dismissed the application, holding that there was no basis for granting the inhibition orders sought, and awarded costs to the respondent.
Court Disposition
application dismissed with costs to the respondent
Orders
- The application dated 5th February 2019 is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO.286 OF 2011
IN THE MATTER OF THE ESTATE OF FRANCIS M’IKIRIA ALIAS KIARA KIMOTHO ALIAS M’ IKIARA KIMOTHO (DECEASED)
TERETHINA NCHENGE M’IKIARA...PETITIONER/ RESPONDENT
VS
ANICIA KAJIJO M’IKIARA..........................OBJECTOR/APPLICANT
RULING
1. Application dated 5th February 2019 came under Certificate of Urgency seeking that the court issues orders of inhibition, inhibiting any dispositions, transactions, transfers or any dealings of any nature in Registration for LR Abothuguchi/U-Kaongo/270 and Abothuguchi/Igane/184 until the application herein is determined.
2. Other parcels referred to resulting from sub-division of LR Abothuguchi/Igane/184 namely LR 2817, 2820, 2814, 2815, 2816, 2818, 2819, 2821 and 2811. In the names of Edward Nyamu M’Ikiara, Anjerica Ncekei Muraigiri and Terethina Nchenge M’Ikiara were sought to be inhibited.
3. The application is supported by the grounds on the face of the application among which are that while application by objector dated 18th May 2018 was pending the petitioner/Respondent proceeded to transfer LR Abothuguchi/U-Kaongo/270 to herself and subdivided LR Abothuguchi/Igane/184 into several portions and transfer land to herself and other persons in terms of an irregularity and fraudulently obtained rectified certificate of confirmation of Grant which has now been annulled.
4. It was argued that the subdivisions and transfers effected by petitioner did not conform to the original certificate of confirmation made on 11th November 2014 and 12th August 2015. The affidavit of Anicia Kajijo M’Ikiara sworn on 5th February 2019 also supported the application.
5. I have considered the application before this court and the grounds and affidavit in support as well as the Reply of affidavit and find that the ruling of this court delivered on 22nd November 2018 sufficiently redresses the prayers made to this court. The applicant should find her answers in that ruling. Her application was fully adjudicated upon and the same is dismissed with costs to the Respondents.
HON A. ONG’INJO
JUDGE
RULING DELIVERED, DATED AND SIGNED IN COURT ON 13TH DAY OF JUNE 2019.
In the presence of :
C/A: Kinoti
Mr Ngugi holding brief for Murango Mwenda for Respondent.
Mr Muchiri holding brief for Mithega for applicants.
HON A. ONG’INJO
JUDGE