[2007] KEHC 984 (KLR)
The court declined to grant the inhibition orders sought by the objector because the grant had already been confirmed and distribution certified in a previous suit. Granting the orders would adversely affect the rights of beneficiaries who had already received their shares. The court held that such orders should...
Source-derived case information.
- Citation
- [2007] KEHC 984 (KLR)
- Parties
- Petitioner: Moses Njagi Mbari; Objector: Lucas Kinyua Mbari
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 228 of 2007
- Procedural Posture
- Succession Cause / Ruling on Chamber Summons for Inhibition Orders
- Outcome
- application dismissed
- Legal Topics
- Probate and Administration, Revocation of Grant, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Njagi Mbari
Petitioner
Lucas Kinyua Mbari
Objector
Procedural Posture
Succession Cause / Ruling on Chamber Summons for Inhibition Orders
Legal Issues
- 1 Whether inhibition orders should be granted against the specified parcels of land forming part of the estate of Jason M’Mbari pending determination of summons for revocation of grant.
- 2 Whether the grant was obtained fraudulently and whether some beneficiaries were left out of the distribution.
Ratio Decidendi
The court declined to grant the inhibition orders sought by the objector because the grant had already been confirmed and distribution certified in a previous suit. Granting the orders would adversely affect the rights of beneficiaries who had already received their shares. The court held that such orders should only be considered after the summons for revocation of grant is heard and determined, as the current application was premature and not justified on the facts presented.
Court Disposition
application dismissed
Orders
- The chamber summons dated 11/6/2007 seeking inhibition orders is dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU
Succession Cause 228 of 2007
IN THE MATTER OF THE ESTATE OF JASON M’MBARI
MOSES NJAGI MBARI……………………………..………PETITIONER
VERSUS
LUCAS KINYUA MBARI…………….……......……………..OBJECTOR
RULING
Chamber Summons dated 11/6/2007 was taken by Objector, Lucas Kinyua Mbaari seeking orders of inhibition to be registered against parcel :-
1. Karingani/Mugirirwa/140
2. Karingani/Ndagani/2330 to inhibit all dealings thereon.
The application is based the grounds that the grant was obtained fraudulently distribution has left out some beneficiaries who are entitled. The application is supported by affidavit of applicant. I have perused the application and supporting affidavit. The complainant is that Petitioner has disposed of some assets of the estate. I also see that in S.P.M’s Suit No. 50 of 1999 the grant was confirmed and distribution certified way back in November 2000.
In the circumstances I decline to grant orders sought as it would adversely affect the rights of beneficiaries before the Summons of Revocation of Grant filed on 11/6/2007 is heard and determined.
The application is dismissed.
Dated this 11th October, 2007.
J. N. KHAMINWA
JUDGE
11/10/2007
Khaminwa – Judge
Njue – Clerk
Parties Present both
Read in open court.
J. N. KHAMINWA
JUDGE