[2012] KEHC 3880 (KLR)
The court found that the succession proceedings regarding the estate of the deceased had been finalized and the parties had agreed on the mode of distribution. The inhibition order, which was initially placed to preserve the land parcels pending the outcome of the succession dispute, had therefore served its...
Source-derived case information.
- Citation
- [2012] KEHC 3880 (KLR)
- Parties
- Applicant: Joel Mithika M’Ibuathu; Respondent: Margaret Ciomaua M’Ibuathu; Appellant: Stephen Mugambi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 278 of 2000
- Procedural Posture
- Chamber Summons / Ruling on Application to Lift Inhibition Order
- Outcome
- application allowed
- Legal Topics
- Inhibition Orders, Estate Administration, Land Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joel Mithika M’Ibuathu
Applicant
Margaret Ciomaua M’Ibuathu
Respondent
Stephen Mugambi
Appellant
Procedural Posture
Chamber Summons / Ruling on Application to Lift Inhibition Order
Legal Issues
- 1 Whether the inhibition order placed on the specified land parcels should be lifted following the finalization of the succession proceedings.
- 2 Whether the continued existence of the inhibition order serves any legal purpose after the estate distribution has been settled.
Ratio Decidendi
The court found that the succession proceedings regarding the estate of the deceased had been finalized and the parties had agreed on the mode of distribution. The inhibition order, which was initially placed to preserve the land parcels pending the outcome of the succession dispute, had therefore served its purpose. There was no longer any legal justification for maintaining the inhibition, and its continued existence would only serve to hinder the proper administration and registration of the estate as per the court's determination. Accordingly, the court allowed the application and ordered the immediate lifting of the inhibition over the specified land parcels.
Court Disposition
application allowed
Orders
- The inhibition over land parcels BUURI-E-BUURI/976, 216 and 2497 is hereby lifted forthwith.
- There will be no orders as to costs.
Full Case Text
Judgment text and source record
16 paragraphs
IN THE MATTER OF THE ESTATE OF M’IBUATHU M’ILULA…DECEASED
JOEL MITHIKA M’IBUATHU………….......…………..PETITIONER
VERSUS
MARGARET CIOMAUA M’IBUATHU…....……………OBJECTOR
STEPHEN MUGAMBI …………………………………APPELLANT
RULING
This is an ex-parte chamber summons which has been brought under section 130(d) of the Registered Land Act Cap 300 Laws of Kenya. It seeks one prayer which is that the inhibition placed on Land Parcels Nos. BUURI-E- BUURI/976, 216 and 2497on the 25th September 2003 by court order dated September 2003 be lifted.
There are two grounds for this application cited on the face of the application
(1)The matter is finalized vide this court’s ruling dated 31st October 2007.
(2)That now it is apt for the inhibition herein to be lifted.
The application is supported by the affidavit sworn by the petitioner dated 13th April 2012. Basically the affidavit states the same grounds as on the face of the application for the inhibition to be removed.
I have considered the application and have also considered the record of the proceedings.I note from the record that on the 17th September 2003. Hon Kasango J issued an inhibition order based on an application that was dated 3rd, September 2003, prayer 3 thereof. That is the order that the petitioner wishes to have lifted.
I have considered that this matter is finalized and that the parties have settled on the mode of distribution on the estate of the deceased. The inhibition order is therefore no longer required. In the circumstances I allow this application and lift the inhibition over the land parcel NO. BUURI-E- BUURI/976, 216 and 2497 forthwith. There will be no orders as to costs.
DATED SIGNED AND DELIVERED THIS 7TH DAY OF JUNE, 2012.
LESIIT, J
JUDGE.