[2003] KEHC 873 (KLR)
The court found that the application was urgent and that it was necessary to grant interim orders to prevent the respondents from intermeddling with the estate of the deceased. The court exercised its discretion under section 47 of the Law of Succession Act and the relevant Probate and Administration Rules to...
Source-derived case information.
- Citation
- [2003] KEHC 873 (KLR)
- Parties
- Applicant: Japheth Asige; Respondent: Farida Almasi Mukira; Respondent: Salama Almasi Mukira
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 19 of 2003
- Procedural Posture
- Succession Cause / Interlocutory Application for Temporary Injunction
- Outcome
- Interim orders granted; application certified urgent; temporary injunction issued pending inter partes hearing.
- Legal Topics
- Succession, Grant of Letters of Administration, Interim Injunctions, Estate Protection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Japheth Asige
Applicant
Farida Almasi Mukira
Respondent
Salama Almasi Mukira
Respondent
Procedural Posture
Succession Cause / Interlocutory Application for Temporary Injunction
Legal Issues
- 1 Whether the application for urgency and interim restraining orders to protect the estate of the deceased is merited.
- 2 Whether the respondents should be restrained from intermeddling with the estate properties pending inter partes hearing.
Ratio Decidendi
The court found that the application was urgent and that it was necessary to grant interim orders to prevent the respondents from intermeddling with the estate of the deceased. The court exercised its discretion under section 47 of the Law of Succession Act and the relevant Probate and Administration Rules to certify the matter as urgent and to issue a temporary injunction restraining the respondents from dealing with the estate properties, including collecting income and rents, pending the hearing of the application inter partes. The court emphasized the need to protect the estate from any form of danger or dissipation before the substantive issues could be determined.
Court Disposition
Interim orders granted; application certified urgent; temporary injunction issued pending inter partes hearing.
Orders
- The application is certified as urgent and to be heard on a priority basis.
- A temporary injunction is issued restraining Farida Almasi Mukira and Salama Almasi Mukira from intermeddling with, receiving, or collecting any income and rents from any tenant in occupation of the premises and buildings situate on parcel number Mombasa/Block XX/62A and Embu Municipality/87 or any other property...
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
succ cause 19 of 03
IN THE MATTER OF: THE ESTATE OF MZEE ALMASI MUKIRA
(DECEASED)
A N D
IN THE MATTER OF: PETITION FOR SPECIAL LIMITED GRANT
A N D
IN THE MATTER OF: APPLICATION BY EXECUTORS AND TRUSTEES
OF THE WILL OF MZEE ALMASI MUKIRA
DECEASED.
R U L I N G
Mr. Japheth Asige, one of the executors of the will of Mzee Almasi Mukira deceased sought for two interim orders namely for certification of this application to be urgent and restraining orders against Farida Almasi Mukira and Salama Almasi Mukira from dealing with the properties of the deceased estate pending the hearing and determination the application dated 17. 3.2003. The application sets out the ground relied upon and the same is also based on the affidavit of Japheth Asige sworn on 14th March 2003. I have perused the application and the supporting Affidavit. I have also heard submissions of the applicant. This court has wide powers under section 47 of the law of succession Act (Cap. 160) Laws of Kenya and also under rules 49 and 73 of the Probate and Administration rules to protect the property of the deceased Estate from any form of danger. I am satisfied that this application is urgent and I hereby certify the same to be urgent hence it should be heard on a priority basis. I also hereby make an order of temporary injunction restraining Farida Almasi Mukira and Salama Almasi Mukira from intermeddling and or receiving, collecting any income and rents from any tenant in occupation of the premises and buildings situate on parcel number Mombasa/Block XX/62A and Embu Municipality/87 or any other property comprising part of the Estate of the late Mzee Almasi Mukira (deceased) and notwithstanding the fact that they possess Limited Grant of Letters of Administration ad colligenda bona pending the hearing of this application inter partes on 2nd April 2003.
Dated at Mombasa this 19th day of March 2003.
J. K. SERGON
J U D G E