[2024] KEHC 6417 (KLR)
The court found that since the succession cause upon which the inhibition order over LR No. Abothuguchi/Gaitu/360 was grounded had been struck out in its entirety, the inhibition no longer had a legal basis. In the interest of justice, the court exercised its discretion to lift the inhibition, thereby allowing the...
Source-derived case information.
- Citation
- [2024] KEHC 6417 (KLR)
- Parties
- Applicant: Rael Karea Kirimi; Applicant: Sarah Kiende Kirimi; Petitioner: Francis M’Ikinyua M’murira
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 287 of 2013
- Procedural Posture
- Succession Cause / Ruling on Summons to Lift Inhibition
- Outcome
- summons allowed; inhibition lifted; no order as to costs
- Judges
- TW Cherere
- Legal Topics
- Probate and Administration, Inhibition Orders, Striking Out of Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rael Karea Kirimi
Applicant
Sarah Kiende Kirimi
Applicant
Francis M’Ikinyua M’murira
Petitioner
Procedural Posture
Succession Cause / Ruling on Summons to Lift Inhibition
Legal Issues
- 1 Whether the inhibition order over LR No. Abothuguchi/Gaitu/360 should be lifted following the striking out of the succession cause.
Ratio Decidendi
The court found that since the succession cause upon which the inhibition order over LR No. Abothuguchi/Gaitu/360 was grounded had been struck out in its entirety, the inhibition no longer had a legal basis. In the interest of justice, the court exercised its discretion to lift the inhibition, thereby allowing the applicants' summons. The absence of opposition from the petitioner and the clear procedural history supported the decision to remove the restriction on the property.
Court Disposition
summons allowed; inhibition lifted; no order as to costs
Orders
- An order is hereby issued lifting the inhibition placed over LR. No. Abothuguchi/Gaitu/360.
- No order for costs.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of Godfrey Muriithi Buuri (Deceased) (Succession Cause 287 of 2013) [2024] KEHC 6417 (KLR) (30 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6417 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 287 of 2013
TW Cherere, J
May 30, 2024
Between
Rael Karea Kirimi
1st Applicant
Sarah Kiende Kirimi
2nd Applicant
and
Francis M’Ikinyua M’murira
Petitioner
Ruling
1. Francis M’Ikinyua M’Murira (Petitioner) filed this cause on 21st May, 2013 claiming beneficial interest.
2. On 15th October, 2013, he obtained an inhibition order over LR No. Abothuguchi/Gaitu/360.
3. Subsequently, by a ruling dated 14th April, 2014, this cause was struck out in its entirety.
4. From the foregoing, I find that it would be in the interest of justice to lift the inhibition over LR No Abothuguchi/Gaitu/360 the cause on which it was grounded having been struck out.
5. Consequently, the summons dated 15th November, 2023 is allowed in the following terms:1. An order is hereby issued lifting the inhibition placed over LR. No. Abothuguchi/Gaitu/3602. No order for costs
DELIVERED IN MERU THIS 30th DAY OF May 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant - Morris KinotiFor Petitioner - N/AFor Applicants - Mr. Sigilai for Sigilai Joel & Co. Advocates