[2006] KEHC 1498 (KLR)
The court found that the restriction on land parcel L.R. NO. KARAI/GIKAMBURA/443 was imposed solely to protect the interests of the minor heirs following the death of their father and during the administration of his estate. Since all the heirs have now attained the age of majority, the protective purpose of the...
Source-derived case information.
- Citation
- [2006] KEHC 1498 (KLR)
- Parties
- Applicant: G N M; Applicant: W M; Applicant: N M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 81 of 1974
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Chamber Summons
- Outcome
- application allowed
- Judges
- JL Osiemo
- Legal Topics
- Guardianship of Minors, Removal of Land Restriction, Succession and Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
G N M
Applicant
W M
Applicant
N M
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Chamber Summons
Legal Issues
- 1 Whether the restriction on land parcel L.R. NO. KARAI/GIKAMBURA/443 should be removed now that the heirs have attained majority age.
- 2 Whether the court-appointed guardianship is still necessary after the minors have become of age.
Ratio Decidendi
The court found that the restriction on land parcel L.R. NO. KARAI/GIKAMBURA/443 was imposed solely to protect the interests of the minor heirs following the death of their father and during the administration of his estate. Since all the heirs have now attained the age of majority, the protective purpose of the restriction has lapsed. There is no longer any legal or factual basis for maintaining the restriction, and the applicants are entitled to have it removed so they may exercise full ownership rights over the property. The application was therefore allowed as prayed.
Court Disposition
application allowed
Orders
- The restriction placed on land parcel L.R. NO. KARAI/GIKAMBURA/443 pursuant to the order of 13th July 1976 is hereby removed.
- Orders granted in terms of prayers (a) and (b) of the Exparte Chamber Summons dated 4th July 2006.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Misc Appli 81 of 1974
IN THE MATTER OF:
GUARDIANSHIP OF INFANTS ACTS CAP 144 OF 1962
IN THE MATTER OF:
J. W
G N M
W M
W M
N M
RULING
By this ex parte Chamber Summons the applicants seek orders that the restriction placed on the land Parcel L.R. NO. KARAI/GIKAMBURA/443 pursuant to an order of this court dated 13th July 1976 be removed. The application is supported by an affidavit sworn by the applicant who avers that after the death of his late father a succession cause No.104 of 1970 was filed for the distribution of his estate. The estate was comprised of land parcel L.R. NO. KARAI/GIKAMBURA/443. The heirs were minors at the time the grant was confirmed and the court appointed K N as a Guardian for the Infants until they become of age. The Infants have now become of age and have applied for orders to have the said restriction removed.
The application is allowed in terms of prayers (a) and (b) of the Exparte Chamber Summons 4th July 2006.
Dated and delivered at Nairobi this 26th day of July 2006.
J.L.A. OSIEMO
JUDGE