[2014] KEHC 7567 (KLR)
The court found that since the application for revocation of grant was pending and its outcome would directly affect the properties in question, it was just and equitable to preserve the estate assets by granting the restraining orders sought. The court emphasized that acting otherwise could render the revocation...
Source-derived case information.
- Citation
- [2014] KEHC 7567 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1072 of 2008
- Procedural Posture
- Succession Cause / Interlocutory Application for Restraining Orders Pending Summons for Revocation
- Outcome
- Application for restraining orders allowed; matter transferred to the High Court of Kenya at Murang’a for hearing and determination of the revocation application.
- Judges
- DN Musyoka
- Legal Topics
- Succession, Grant Revocation, Estate Administration, Interlocutory Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Interlocutory Application for Restraining Orders Pending Summons for Revocation
Legal Issues
- 1 Whether restraining orders should be granted to preserve estate property pending determination of the summons for revocation of grant.
- 2 Whether the pending revocation application affects the subject properties.
Ratio Decidendi
The court found that since the application for revocation of grant was pending and its outcome would directly affect the properties in question, it was just and equitable to preserve the estate assets by granting the restraining orders sought. The court emphasized that acting otherwise could render the revocation proceedings nugatory if the assets were disposed of before the substantive application was heard and determined. The court also noted that the grant in question was issued by the Resident Magistrate’s Court at Murang’a, and therefore, for proper jurisdiction, the matter should be transferred to the High Court of Kenya at Murang’a for hearing and determination of the revocation...
Court Disposition
Application for restraining orders allowed; matter transferred to the High Court of Kenya at Murang’a for hearing and determination of the revocation application.
Orders
- Restraining orders granted as proposed by the applicant to preserve estate assets pending hearing and determination of the revocation application.
- Matter transferred to the High Court of Kenya at Murang’a for hearing and determination of the pending application dated 23rd May 2008 for revocation of grant.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
SUCCESSION CAUSE NO. 1072 OF 2008
IN THE MATTER OF THE ESTATE OF FRANCIS MUIRURI KIMANI – (DECEASED)
RULING
1. The application dated 12th March 2013 is for restraining orders with respect to estate property pending hearing and determination of the Summons for Revocation dated 23rd May 2008 which pends before this court. The applicant alleges that the respondent is in the process of disposing of estate assets, which include Loc.7/Gakoigo/660 where the appellant resides.
2. The respondent has sworn a replying affidavit on 20th May 2013. She basically denies the allegations in the application.
3. I note the pendency of the revocation application. If the same is allowed it will affect the properties the subject of this application, that is to say Loc.7/Gakoigo/660 and 897 and Loc.7/Gakoigo/3049 and 3050, which are derived from Loc.7/Gakoigo/1292.
4. The court should not act in vain. It is only just and equitable that these assets be pursued pending the hearing and disposal of the revocation application. The application dated 12th March 2013 is therefore allowed in the terms proposed by the applicant.
5. I note that the grant sought to be revoked was issued by the Resident Magistrate’s Court at Murang’a. This matter shall therefore be transferred to the High Court of Kenya at Murang’a for the hearing and determination of the pending application dated 23rd May 2008 for revocation of the said grant.
DATED, SIGNED and DELIVERED at NAIROBI this31st DAY OF January, 2014.
W. MUSYOKA
JUDGE