[2022] KEHC 11674 (KLR)
The court found that the applicant, Catherine Nyoroka Muthuri, was present during the confirmation of grant proceedings, her identification was recorded, and she did not raise any objection to the mode of distribution at that time. The court held that her subsequent claim that her consent was forged was deceitful...
Source-derived case information.
- Citation
- [2022] KEHC 11674 (KLR)
- Parties
- Applicant: Catherine Nyoroka Muthuri; Respondent: Jason Gatobu; Respondent: M’Anampiu M’Buuri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 489 of 2013
- Procedural Posture
- Succession Cause / Ruling on Summons to Set Aside Confirmation of Grant and Inhibition Orders
- Outcome
- summons dismissed; inhibition orders vacated; matter set for mention to confirm distribution
- Judges
- TW Cherere
- Legal Topics
- Confirmation of Grant, Consent to Distribution, Abuse of Court Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Catherine Nyoroka Muthuri
Applicant
Jason Gatobu
Respondent
M’Anampiu M’Buuri
Respondent
Procedural Posture
Succession Cause / Ruling on Summons to Set Aside Confirmation of Grant and Inhibition Orders
Legal Issues
- 1 Whether the applicant was present and consented to the mode of distribution at the confirmation of grant.
- 2 Whether the applicant's claim of forgery of consent to distribution is valid.
- 3 Whether the summons dated 6th May 2022 constitutes an abuse of court process.
Ratio Decidendi
The court found that the applicant, Catherine Nyoroka Muthuri, was present during the confirmation of grant proceedings, her identification was recorded, and she did not raise any objection to the mode of distribution at that time. The court held that her subsequent claim that her consent was forged was deceitful and amounted to an abuse of the court process. Consequently, the summons seeking to set aside the confirmation of grant and inhibition orders was dismissed, and the inhibition orders were vacated.
Court Disposition
summons dismissed; inhibition orders vacated; matter set for mention to confirm distribution
Orders
- The summons dated 6th May, 2022 and filed on 11th May, 2022 is dismissed as an abuse of the court process.
- Orders of inhibition issued on 24th June, 2022 are vacated.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of Ibuuri Gichiu alias Ibuuri s/o Gichiu (Deceased) (Succession Cause 489 of 2013) [2022] KEHC 11674 (KLR) (30 June 2022) (Ruling)
Neutral citation: [2022] KEHC 11674 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 489 of 2013
TW Cherere, J
June 30, 2022
IN THE MATTER OF ESTATE OF IBUURI GICHIU alias IBUURI s/o GICHIU (DECEASED)
Between
Catherine Nyoroka Muthuri
Applicant
and
Jason Gatobu
1st Petitioner
M’Anampiu M’Buuri
2nd Petitioner
Ruling
1. The court reveals that on 27th February, 2017, the deceased’s beneficiaries among them the Applicant attended court for confirmation of the grant. The record demonstrates that Ongínjo J. took her time to record the names and ID card numbers of the beneficiaries present among them including Catherine Nyoroka the applicant herein whose ID card was recorded as xxxx.
2. On the ground that some beneficiaries were absent, confirmation was adjourned to 27th March, 2017.
3. On 27th March, 2017 which is the date that the grant was confirmed, the judge again recorded that Catherine Nyoroka Mugambi ID card xxxx was present.
4. It is therefore deceitful of the Applicant to come before this court claiming that the consent to the mode of distribution was forged whereas she appeared before the court on the date of the confirmation of the grant and did not raise any objection
5. From the foregoing, the orders that commend to me and which I hereby issue are as follows:1. The summons dated 06th May, 2022 and filed on 11th May, 2022 is an abuse of the court process and it is dismissed.2. Orders of inhibition issued on 24th June, 2022 are vacated
3. This matter shall be mentioned on 14th November, 2022 to confirm distribution of the estate.
DATED AT MERU THIS 30TH DAY OF JUNE 2022. WAMAE T.W. CHEREREJUDGEAppearancesCourt Assistant - Morris KinotiFor Applicant - Mr. Mwirigi for Mwirigi & Nzomo & Co. AdvocatesFor Respondents - Mr. Otieno for Otieno C & Co. Advocates