[2019] KEHC 10033 (KLR)
The court found that the applicant's access to his compound had been blocked by a fence erected after the 2014 status quo order, which constituted a violation of the court's directive. The court's own visit to the locus in quo confirmed the applicant's allegations. Given the respondents' failure to rebut the...
Source-derived case information.
- Citation
- [2019] KEHC 10033 (KLR)
- Parties
- Respondent: Holidah Wanjiku Kigathi; Respondent: James Kinyuru Kigathi; Applicant: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 629 of 1993
- Procedural Posture
- Succession Cause / Ruling on Application for Injunctive Orders
- Outcome
- application allowed
- Judges
- DN Musyoka, AN Ongeri
- Legal Topics
- Estate Administration, Injunctive Relief, Status Quo Orders, Property Access Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Holidah Wanjiku Kigathi
Respondent
James Kinyuru Kigathi
Respondent
__MISSING__
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Injunctive Orders
Legal Issues
- 1 Whether the respondents unlawfully erected a fence blocking the applicant's access to his compound on the estate property.
- 2 Whether the injunctive orders sought to remove the fence and gate should be granted.
- 3 Whether the administrators have complied with the 2014 status quo order and the certificate of confirmation of grant.
Ratio Decidendi
The court found that the applicant's access to his compound had been blocked by a fence erected after the 2014 status quo order, which constituted a violation of the court's directive. The court's own visit to the locus in quo confirmed the applicant's allegations. Given the respondents' failure to rebut the applicant's claims and the clear evidence of non-compliance, the court determined that injunctive relief was warranted. The court ordered the removal of the fence and gate, directed local authorities to oversee execution, and mandated that the estate be distributed as per the certificate of confirmation of grant within ninety days, failing which the grant would be revoked and new...
Court Disposition
application allowed
Orders
- The gate and fence erected after the 2014 orders shall be removed or demolished.
- The officers commanding Kikuyu Police Division and Gitaru Police Station, and the Chief of Gitaru Location and Assistant Chief Gitaru Sub-Location shall oversee execution of the orders.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 629 OF 1993
IN THE MATTER OF THE ESTATE OF KIGATHI NG’ANG’A (DECEASED)
RULING
1. The application for determination is dated 13th September 2016. It seeks several restraining orders in relation to Muguga/Gitaru/726. He avers that he resides on the subject property with his mother. He complains that a fence has been erected on his compound completely blocking access to it from outside. He blames his mother, Holidah Wanjiku Kigathi, and his brother, James Kinyuru Kigathi, both of whom he has named in the application as respondents. He points out that there had been an order made in 2014 for status quo, but the same had been disobeyed.
2. The response to the application is by the second respondent, James Kinyuru Kigathi. He does not admit fencing off the applicant’s compound. Indeed, he has not said a single word about the fence.
3. I visited the locus in quo on 10th April 2017. I made observations and prepared a sketch map of the large compound. I noted that a fence had been erected on the side of the property occupied by the applicant blocking his access to his side of the compound.
4. I am satisfied that there is merit in the application to warrant grant of the injunctive orders sought. The gate and fence erected after the orders of 2014 shall be removed or demolished. The officers commanding the Kikuyu Police Division and the Gitaru Police Station, and the Chief of Gitaru Location and the Assistant Chief Gitaru Sub-Location shall oversee the execution of the said orders. The administrators are hereby directed to distribute the estate as per the certificate of confirmation of grant on record within the next ninety (90) days, in default of which the grant shall stand revoked, and the administration handed over to new administrators.
5. It is so ordered.
PREPARED, DATED AND SIGNGED AT KAKAMEGA THIS 31st DAY OF January , 2019
W. MUSYOKA
JUDGE
DATED, SIGNED and DELIVERED at NAIROBI this 15th DAY OF February, 2019
ASENATH ONGERI
JUDGE