[2024] KEHC 2915 (KLR)
The court found that the inhibition placed on LR. Ntima/Ntakira/565, if not lifted, would hinder the distribution of the estate as previously ordered and would defeat the purpose of the court's distribution order. The court exercised its discretion to lift the inhibition to facilitate the transmission of the estate...
Source-derived case information.
- Citation
- [2024] KEHC 2915 (KLR)
- Parties
- Applicant: Rael Kanana Marete; Respondent: Festus Mwirigi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 65 of 2016
- Procedural Posture
- Succession Cause / Ruling on Summons to Lift Inhibition
- Outcome
- application allowed
- Judges
- TW Cherere
- Legal Topics
- Confirmation of Grant, Distribution of Estate, Lifting of Inhibition, Transmission of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rael Kanana Marete
Applicant
Festus Mwirigi
Respondent
Procedural Posture
Succession Cause / Ruling on Summons to Lift Inhibition
Legal Issues
- 1 Whether the inhibition on LR. Ntima/Ntakira/565 should be lifted to allow distribution of the estate.
- 2 Whether lifting the inhibition is necessary to effectuate the court's prior distribution order.
Ratio Decidendi
The court found that the inhibition placed on LR. Ntima/Ntakira/565, if not lifted, would hinder the distribution of the estate as previously ordered and would defeat the purpose of the court's distribution order. The court exercised its discretion to lift the inhibition to facilitate the transmission of the estate to the rightful beneficiary, as confirmed in the Certificate of Confirmation of Grant. The application was therefore allowed to ensure the estate is distributed in accordance with the law and prior court orders.
Court Disposition
application allowed
Orders
- The inhibition placed on LR. Ntima/Ntakira/565 is hereby lifted.
- This cause will be mentioned on 19th September, 2024 to confirm transmission of the estate.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of Janet Kainda M’riria (Deceased) (Succession Cause 65 of 2016) [2024] KEHC 2915 (KLR) (14 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2915 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 65 of 2016
TW Cherere, J
March 14, 2024
IN THE MATTER OF THE ESTATE OF JANET KAINDA M’RIRIA (DECEASED)
Between
Rael Kanana Marete
Petitioner
and
Festus Mwirigi
Protestor
Ruling
1. By a ruling dated 03rd November, 2022, this court issued an order that ½ share of LR. Ntima/Ntakira/565 shall wholly be distributed to Rael Kanana Marete (Petitioner/Respondent).
2. Subsequently, a Certificate of Confirmation of Grant was issued on 21st November, 2022.
3. By summons dated 15th February, 2023, supported by an affidavit sworn by Rael Kanana (Applicant) on even date, Applicant prays that the inhibition on LR. Ntima/Ntakira/565 be lifted to pave way for distribution of the estate.1. I have considered the application dated 15th February, 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.2. Consequently, the summons dated 15th February, 2023 is allowed in the following terms:1. An order is hereby issued lifting the inhibition placed on LR. Ntima/Ntakira/5652. This cause will be mentioned on 19th September, 2024 to confirm transmission of the estate
DATED AT MERU THIS 14TH DAY OF MARCH 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant - Morris KinotiFor Petitioner - Ms. Kiome for Charles Kariuki & Kiome Associates AdvsProtestor - N/A for John Muthomi & Co. AdvocatesProtestor - PresentFor I. Parties - N/A for Mwenda, Mwarania, Akwalu & Co. Advocates