https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11330
The application for preservatory orders was tied to the pending revocation application. Once the revocation application had been determined, the substratum of the Motion disappeared, leaving no live controversy. The Motion was therefore moot and had to be dismissed.
Source-derived case information.
- Citation
- [2026] KEHC 11330 (KLR)
- Parties
- Applicant: Martin Mugweru; 1st Respondent: Loise Wairimu Mugweru; 2nd Respondent: Ruth Wanjiru Mugweru
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 525 of 1997
- Procedural Posture
- Succession Cause; Application for Preservatory Orders / Ruling on Notice of Motion After Revocation Application Determined
- Outcome
- Application dismissed as moot.
- Judges
- ["HK Chemitei"]
- Legal Topics
- Preservatory Orders, Mootness, Costs, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Mugweru
Applicant
Loise Wairimu Mugweru
1st Respondent
Ruth Wanjiru Mugweru
2nd Respondent
Procedural Posture
Succession Cause; Application for Preservatory Orders / Ruling on Notice of Motion After Revocation Application Determined
Legal Issues
- 1 Whether the Notice of Motion for preservatory orders remained justiciable after determination of the revocation application
- 2 Whether the application had been overtaken by events and rendered moot
- 3 What orders should follow on costs
Ratio Decidendi
The application for preservatory orders was tied to the pending revocation application. Once the revocation application had been determined, the substratum of the Motion disappeared, leaving no live controversy. The Motion was therefore moot and had to be dismissed.
Court Disposition
Application dismissed as moot.
Orders
- Notice of Motion dated 6th November 2025 dismissed as having been rendered moot.
- Each party to bear its own costs.
Full Case Text
Judgment text and source record
1 paragraphs
 **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NAIROBI** **SUCCESSION CAUSE NO. 525 OF 1997** **IN THE MATTER OF THE ESTATE OF SIMON MUGWERU WATHIRWA (DECEASED)** **CONSOLIDATED WITH** **NYERI SUCCESSION CAUSE NO. 250 OF 2007** **IN THE MATTER OF THE ESTATE OF** **MAAKA MUKUHI** **MUGWERU (DECEASED)** **AND** **IN THE MATTER OF AN APPLICATION FOR PRESERVATORY ORDERS** **MARTIN MUGWERU .…………..…………….….……… APPLICANT** **VERSUS** **LOISE WAIRIMU MUGWERU ….….…………… 1ST RESPONDENT** **RUTH WANJIRU MUGWERU ….….…………… 2ND RESPONDENT** **RULING** 1. Before me is a Notice of Motion application dated **6th November 2025** brought under sections 47, 94 and 83 of the Laws of Succession Act, Rules 49 and 73 of the Probate and Administration Rules and Article 159 (2) (d) of the Constitution of Kenya 2010.The applicant prays for orders that; * 1. **Spent;** 2. **Spent;** 3. **Spent;** 4. **That the Deputy Registrar of this Honourable Court be directed to formally communicate the existence of this preservatory order to the respective land registries and financial institutions holding estate related assets for administrative noting and compliance pending determination of this matter.** 5. **The Costs be provided for.** 2. The Notice of Motion dated 6th November 2025 sought preservatory orders pending the hearing and determination of the application for revocation of grant. Having now determined the application for revocation, the substratum upon which the present application was founded has ceased to exist. The reliefs sought have therefore been overtaken by events and the application has been rendered moot. There is consequently no live controversy requiring this Court's determination. 3. **Accordingly, the Notice of Motion dated 6th November 2025, having been overtaken by events, is dismissed as having been rendered moot.** 4. **Each party shall bear its own costs.** **Dated signed and delivered via video link at Nairobi this 23rd day of July 2026.** **H.K. CHEMITEI** **JUDGE, FCIArb.**