[2024] KEHC 8488 (KLR)
The court found that Land Parcel No. Karingani/Gitarene/2527 was erroneously omitted from the previous order lifting inhibitions on other parcels, despite being one of the properties originally subject to inhibition. There is no pending appeal or challenge to the grant, and the court's inherent powers under Rule 73...
Source-derived case information.
- Citation
- [2024] KEHC 8488 (KLR)
- Parties
- Applicant: Martin Kariuki Muchoka; Respondent: Ephantus Mati Muchungu; Respondent: Jamlick Rungendo Magana; Respondent: M’Nyiri Muchuku
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 746 of 2015
- Procedural Posture
- Succession Cause / Ruling on Application to Lift Inhibition
- Outcome
- application allowed
- Judges
- LW Gitari
- Legal Topics
- Probate and Administration, Grant Effectuation, Land Inhibition Orders, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Kariuki Muchoka
Applicant
Ephantus Mati Muchungu
Respondent
Jamlick Rungendo Magana
Respondent
M’Nyiri Muchuku
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Lift Inhibition
Legal Issues
- 1 Whether the court should lift the inhibition on Land Parcel No. Karingani/Gitarene/2527 to facilitate distribution of the estate.
- 2 Whether the omission of the parcel from previous orders was an error that should be rectified.
Ratio Decidendi
The court found that Land Parcel No. Karingani/Gitarene/2527 was erroneously omitted from the previous order lifting inhibitions on other parcels, despite being one of the properties originally subject to inhibition. There is no pending appeal or challenge to the grant, and the court's inherent powers under Rule 73 of the Probate and Administration Rules allow it to issue orders necessary to effectuate the grant and ensure the proper distribution of the estate. The omission was a procedural error, and lifting the inhibition is necessary to facilitate the distribution of the estate to the beneficiaries. The application was therefore merited and the inhibition on the specified parcel was...
Court Disposition
application allowed
Orders
- The inhibition on Land Parcel No. Karingani/Gitarene/2527 is lifted as prayed under prayer 2 of the summons dated 15/3/2024.
Full Case Text
Judgment text and source record
26 paragraphs
In re Estate of Muchunku Nthiga (Deceased) (Succession Cause 746 of 2015) [2024] KEHC 8488 (KLR) (4 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8488 (KLR)
Republic of Kenya
In the High Court at Chuka
Succession Cause 746 of 2015
LW Gitari, J
July 4, 2024
IN THE MATTER OF THE ESTATE OF MUCHUNKU NTHIGA (DECEASED)
Between
Martin Kariuki Muchoka
Applicant
and
Ephantus Mati Muchungu
1st Respondent
Jamlick Rungendo Magana
2nd Respondent
M’Nyiri Muchuku
3rd Respondent
Ruling
1. I have considered the application dated 15/3/2024 under a certificate of urgency. The applicant seeks an order that this court be pleased to issue orders lifting inhibiting lodged on Land Parcel No.Karingani/Gitarene/2527 which was erroneously omitted from their previous similar application dated 23/3/2023. It is based on the ground the order of this court is necessary for the purpose of lifting the inhibition on the parcel of land to facilitate the distribution of the estate to the beneficiaries.
2. I have considered the application. This court has jurisdiction to determine applications which are filed before it under the Act.
3. In addition, Rule 73 of the Probate and Administration Rules the court has powers to issue such orders as may be necessary to meet the ends of justice and to prevent the abuse of the court process. Rule 73 of the Probate and Administration Rules provides as follows:-Rule 73 of the Probate and Administration Rules provides for the inherent power of the court as follows:-“Nothing in these Rules shall limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the cour“Nothing in Rules shall limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.”Rule 73 of the Probate and Administration Rules provides for the inherent power of the court as follows:-“Nothing in these Rules shall limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the courtRule 73 of the Probate and Administration Rules provides for the inherent power of the court as follows:-“Nothing in these Rules shall limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court
4. This court gave a Judgment on 3/11/2022 and dismissed an application for revocation of grant. There is no appeal pending. This court is therefore supposed to issue such orders as are necessary to effect the grant and other orders of this court.
5. I note that on 13/10/2023 this court ordered that the inhibitions lodged on Land Parcels No. Karingani/Gitarene/2524, 2525, 2526, and 25 28 be lifted. Land Parcel No. Karingani/Gitarene/2527 was omitted and yet it is one of the properties that the court had ordered that an inhibition be issued in the order dated 28/4/2015.
6. In the circumstances I find that the application has merits. The order is necessary for applicants to effect the grant. I therefore order that then inhibition on Land Parcel No. Karingani/Gitarene/2527 be lifted as prayed under prayer 2 of the summons dated 15/3/2024.
DATED, SIGNED AND DELIVERED AT CHUKA THIS 4TH JULY 2024. L.W. GITARIJUDGE