[2002] KEHC 1098 (KLR)
The court found that the inhibition order placed on parcel No. 14/Gakurwe/62 was necessary to preserve the property pending the final determination of Succession Cause No. 420 of 1997. Lifting the inhibition at this stage could allow the applicant to interfere with the property, potentially rendering any final...
Source-derived case information.
- Citation
- [2002] KEHC 1098 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1068 of 1990
- Procedural Posture
- Succession Cause / Ruling on Application to Lift Inhibition
- Outcome
- application dismissed
- Legal Topics
- Succession of Estate, Inhibition Orders, Land Disputes, Family Property, Appeals Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Lift Inhibition
Legal Issues
- 1 Whether the inhibition order protecting parcel No. 14/Gakurwe/62 should be lifted before the final determination of Succession Cause No. 420 of 1997.
- 2 Whether the applicant's application to lift the inhibition is proper given the existence of a prior court order.
Ratio Decidendi
The court found that the inhibition order placed on parcel No. 14/Gakurwe/62 was necessary to preserve the property pending the final determination of Succession Cause No. 420 of 1997. Lifting the inhibition at this stage could allow the applicant to interfere with the property, potentially rendering any final orders in the related succession cause ineffective. The court further held that if the applicant was dissatisfied with the inhibition order, the proper course was to appeal that order, not to file a fresh application before the same court. Consequently, the application to lift the inhibition was dismissed as improper and lacking merit.
Court Disposition
application dismissed
Orders
- The applicant's application dated 16-8-2001 is dismissed.
- The inhibition order on parcel No. 14/Gakurwe/62 shall remain in force until the final determination of Succession Cause No. 420 of 1997.
Full Case Text
Judgment text and source record
5 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI SUCCESSION CAUSE NO. 1068 OF 1990IN THE MATTER OF THE ESTATE OF WAHOME GATERI (DECEASED) R U L I N G From what has been brought to my attention during the hearing of this application, I hold the view that the Applicant does not have a genuine case, the inhibition question having been given by this court on 18-7-96 and issued on 26-7-96 to protect parcel of land No. 14/Gakurwe/62 during the pendancy of this court’s Succession Cause No. 420 of 1997 filed in accordance with this Court’s Ruling dated 16-7-92 in this Succession Cause No. 1068 of 1996.
It means it is necessary to maintain that inhibition until the final determination of this Court’s Succession Cause No. 420 of 1997 as if the said inhibition is removed, the Applicant before me now may interfere with parcel of land No. 14/Gakurwe/62 to render the relevant, final orders obtained in Succession Cause No. 420 of 1997 a nugatory.
Otherwise if the Applicant before me was not happy with the order dated 18-7-96 by which the inhibition was given, the Applicant should have appealed against that order and coming before me with the application he has come with is improper. From the above, therefore, the Applicant’s application herein dated 16-8-2001 should be dismissed and the same is hereby dismissed. As this is a family matter, no order as to costs.
Dated this 24th day of April, 2002. J.M. KHAMONI JUDGE