[2011] KEHC 631 (KLR)

[2011] KEHC 631 (KLR)

The court held that, notwithstanding the technical objection regarding the applicability of the Civil Procedure Rules, it has inherent jurisdiction under section 47 of the Law of Succession Act and rule 73 of the Probate and Administration Rules to grant injunctive relief in the interests of justice. The objector, as a widow of a son of the deceased and in occupation of the disputed property, has sufficient locus standi to seek protection from eviction and destruction of property. The court found the objector's claims credible and determined that she and her children should not be disturbed in their occupation of Loc.2/Kangari/284 until the succession cause is heard and determined....

Citation
[2011] KEHC 631 (KLR)
Parties
Petitioner: Helina Wangari Mathenge; Objector: Grace Njeri Njuguna
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Judgment Date
21 October 2011
Case Number
Succession Cause 708 of 2008
Procedural Posture
Succession Cause / Interlocutory Application for Injunction Pending Determination of Succession Cause
Outcome
Application for injunction granted pending determination of the succession cause.
Legal Topics
Injunctive Relief, Probate and Administration, Locus Standi, Interlocutory Orders
Source Language
English
Family and Children Civil Procedure Injunctive Relief Probate and Administration Locus Standi Interlocutory Orders

Case Brief

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Parties

Helina Wangari Mathenge

Petitioner

Grace Njeri Njuguna

Objector

Procedural Posture

Succession Cause / Interlocutory Application for Injunction Pending Determination of Succession Cause

Legal Issues

  1. 1 Whether the court can grant injunctive relief in a succession cause despite technical objections based on the Civil Procedure Rules.
  2. 2 Whether the objector has locus standi to seek injunctive orders in respect of the disputed property.
  3. 3 Whether the objector is entitled to protection from eviction and destruction of property pending determination of the succession cause.

Ratio Decidendi

The court held that, notwithstanding the technical objection regarding the applicability of the Civil Procedure Rules, it has inherent jurisdiction under section 47 of the Law of Succession Act and rule 73 of the Probate and Administration Rules to grant injunctive relief in the interests of justice. The objector, as a widow of a son of the deceased and in occupation of the disputed property, has sufficient locus standi to seek protection from eviction and destruction of property. The court found the objector's claims credible and determined that she and her children should not be disturbed in their occupation of Loc.2/Kangari/284 until the succession cause is heard and determined....

Court Disposition

Application for injunction granted pending determination of the succession cause.

Orders

  • The objector and her children shall not be evicted or have their property destroyed on Loc.2/Kangari/284 pending the hearing and determination of the succession cause.
  • Costs shall abide the outcome of the succession cause.