[2005] KEHC 821 (KLR)
The court found that the interlocutory order maintaining the status quo over land parcel Ngong/Ngong/4991 was issued to preserve the estate pending final determination. Since the estate was fully distributed by the ruling of Hon. Rawal, J. on 25th June 2002, and that ruling has not been challenged, the interim order...
Source-derived case information.
- Citation
- [2005] KEHC 821 (KLR)
- Parties
- Applicant: John Wakapa Pere; Respondent: Richard Njenga Wakapa
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 441 of 1984
- Procedural Posture
- Succession Cause / Ruling on Application to Lift Interlocutory Order
- Outcome
- Application allowed. Interlocutory order of 9th August 1994 lifted.
- Legal Topics
- Estate Administration, Interlocutory Orders, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Wakapa Pere
Applicant
Richard Njenga Wakapa
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Lift Interlocutory Order
Legal Issues
- 1 Whether the interlocutory order maintaining status quo over land parcel Ngong/Ngong/4991 should be lifted.
- 2 Whether the Applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the interlocutory order maintaining the status quo over land parcel Ngong/Ngong/4991 was issued to preserve the estate pending final determination. Since the estate was fully distributed by the ruling of Hon. Rawal, J. on 25th June 2002, and that ruling has not been challenged, the interim order has been overtaken by events. There is no legal basis for its continued existence, and it must be lifted to allow the estate to be distributed in accordance with the final judgment. The application was unopposed, further supporting the Applicant's position.
Court Disposition
Application allowed. Interlocutory order of 9th August 1994 lifted.
Orders
- The interlocutory order maintaining status quo over Title No. Ngong/Ngong/4991 issued on 9th August 1994 is hereby raised.
- Costs of the application awarded to the Applicant.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBISuccession Cause 441 of 1984
IN THE MATTER OF THE ESTATE OF WAKAPA PERE (DECEASED)
JOHN WAKAPA PERE………………………………………………….APPLICANTVersusRICHARD NJENGA WAKAPA……………………………………..RESPONDENT
RULING
John Wakapa Pere, the Applicant herein sought for orders as follows:
1) That the interlocutory order made herein on the 9th Augusts 1994 and registered against land Reference Ngong/Ngong/4991 be raised.
2) Costs of the application provided for.
This application is premised on the grounds stipulated in the body of the application which are further expounded in the Supporting Affidavit of the Applicant to wit:
1. That an interim order to maintain the status quo in respect of the suit known as Ngong/Ngong/4991 was issued in August 1994 pending the determination of this matter.
2. This matter was finally heard and an order of distribution of the estate was issued by Hon. Rawal, J. on 25th June 2002.
3. The Applicant is desirous of subdividing the land and distributing the shares to the respective Beneficiaries but the order noted in the Register of title has not been lifted.
Thus he sought for the orders as prayed. The Respondent who was represented by Mr. Nganga did not file any Replying Affidavit to this application which technically stands unopposed.
The Ruling by Hon. Justice Rawal of 25th June 2002 has not been challenged in any way. Thus the estate of the deceased should be distributed accordingly. The order to maintain the status quo was overtaken by the said Ruling that fully and finally determined the distribution of the deceased estate.
In this regard therefore the order of status quo issued on 9th August 1994 is hereby raised in regard to Title No. Ngong/Ngong/4991. Costs of this application to the Applicant.
Ruling read and signed on 2/12/05
MARTHA KOOME
JUDGE