[2023] KEHC 785 (KLR)
The court found that granting an order of inhibition would not only delay the transmission of the estate to the beneficiaries but would also negate the effect of its earlier order of March 10, 2021, which allowed for the distribution of the estate subject to certain restrictions. The court emphasized that the...
Source-derived case information.
- Citation
- [2023] KEHC 785 (KLR)
- Parties
- Applicant: Joseph Kinoti M’mukira; Respondent: Rosalia Nkatha Mukiira
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 512 of 2013
- Procedural Posture
- Succession Cause / Ruling on Application for Inhibition
- Outcome
- Application for inhibition dismissed.
- Judges
- TW Cherere
- Legal Topics
- Administration of Estates, Grant of Letters of Administration, Transmission of Property, Inhibition Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kinoti M’mukira
Applicant
Rosalia Nkatha Mukiira
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Inhibition
Legal Issues
- 1 Whether an order of inhibition should be granted to prevent transmission of the estate to beneficiaries pending appeal.
- 2 Whether granting inhibition would contradict previous court orders allowing distribution of the estate.
Ratio Decidendi
The court found that granting an order of inhibition would not only delay the transmission of the estate to the beneficiaries but would also negate the effect of its earlier order of March 10, 2021, which allowed for the distribution of the estate subject to certain restrictions. The court emphasized that the applicant had already been granted leave to appeal and that the existing orders sufficiently preserved the subject matter by restricting adverse dealings with the distributed shares. Therefore, the application for inhibition lacked merit and was disallowed.
Court Disposition
Application for inhibition dismissed.
Orders
- The summons dated December 21, 2023 is disallowed.
- Costs shall abide the outcome of the appeal.
Full Case Text
Judgment text and source record
20 paragraphs
In re Kiumbia M’mukira alias Kiumba M’riria (Deceased) (Succession Cause 512 of 2013) [2023] KEHC 785 (KLR) (9 February 2023) (Ruling)
Neutral citation: [2023] KEHC 785 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 512 of 2013
TW Cherere, J
February 9, 2023
N THE MATTER OF THE ESTATE OF KIUMBIA M’MUKIRA alias KIUMBA M’RIRIA (DECEASED)
Between
Joseph Kinoti M’mukira
Applicant
and
Rosalia Nkatha Mukiira
Petitioner
Ruling
1. By a ruling dated March 10, 2021, this court granted the following orders:a.Applicant is granted leave to appeal the ruling of March 4, 2021b.In order to preserve the subject matter, it is hereby ordered that the beneficiaries shall upon distribution of the estate take possession but shall neither offer for sale, sell, dispose off, transfer, charge or deal with their respective shares in any adverse manner until the intended appeal is heard and determined or until any or further orders of the court.c.Costs shall abide the outcome of the appeal.
2. The search certificates annexed to applicant’s affidavit sworn on December 21, 2022 in support of his application for inhibition dated December 21, 2023 reveal that the administrator is yet to complete transmission of the estate to the beneficiaries.
3. An order of inhibition will not only delay the transmission but will also have the effect of negating the court order issued on March 10, 2021 that the estate be distributed as ordered by the court.
4. Consequently, the summons dated December 21, 2023 is considered and found to have no merit and it is disallowed.
DATED AT MERU THIS 09TH DAY OF FEBRUARY 2023T. W. CHEREREJUDGEAppearancesCourt Assistant - Morris KinotiFor Applicant - Mr. Ringera for Gatari Ringera & Co. AdvocatesFor Respondent - Mr. Riungu for A.G.Riungu & Co. Advocates