[2014] KEHC 232 (KLR)
The court found that the applicant, as a purported son of the deceased owner of the suit land, had established sufficient grounds for the grant of an inhibition order. The purpose of the order is to preserve the status quo and prevent any dealings with L. R. Nyambene/Antubetwe/858 until the substantive succession...
Source-derived case information.
- Citation
- [2014] KEHC 232 (KLR)
- Parties
- Applicant: Mwamati Mutuma M'limbine; Respondent: Rael Itura M'Ikanatha; Respondent: David Kainga M'limbine
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 51 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Inhibition Order
- Outcome
- Application for inhibition order allowed.
- Judges
- FM Njoroge
- Legal Topics
- Inhibition Orders, Succession Disputes, Interlocutory Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwamati Mutuma M'limbine
Applicant
Rael Itura M'Ikanatha
Respondent
David Kainga M'limbine
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Inhibition Order
Legal Issues
- 1 Whether the applicant is entitled to an inhibition order over L. R. Nyambene/Antubetwe/858 pending determination of the succession cause.
- 2 Whether the application meets the threshold for grant of interlocutory inhibition orders.
Ratio Decidendi
The court found that the applicant, as a purported son of the deceased owner of the suit land, had established sufficient grounds for the grant of an inhibition order. The purpose of the order is to preserve the status quo and prevent any dealings with L. R. Nyambene/Antubetwe/858 until the substantive succession cause is heard and determined. The respondents did not provide substantive opposition to the application. The court exercised its discretion to grant the inhibition order as sought, considering the need to protect the interests of all parties pending the outcome of the succession proceedings.
Court Disposition
Application for inhibition order allowed.
Orders
- An order of inhibition is issued over L. R. Nyambene/Antubetwe/858 pending the hearing and determination of Meru High Court Succession Cause No. 506 of 2010.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC APPLICATION NO. 51 OF 2014
MWAMATI MUTUMA M'LIMBINE..................................................................APPLICANT
VERSUS
RAEL ITURA M'IKANATHA & ANO.................................................1ST RESPODENT
DAVID KAINGA M'LIMBINE..........................................................2ND RESPONDENT
R U L I N G
This application is dated 17th day of October, 2014 and seeks orders:
THATthe Honourable court be pleased to certify this application most urgent and the same be heard exparte in the first instance.
THATthis Honourable Court be pleased to issue orders of inhibition over all that parcel of land known as L. R. Nyambene/Antubetwe/858 pending the hearing and determination of MERU HIGH COURT SUCCESSION CAUSE NO. 506 OF 2010.
THATcosts of this application be provided for.
The application was heard interpartes on 28. 10. 2014. The applicant relied on grounds on the face of the record and on the supporting affidavit of the applicant who claims to be a son of the owner of the suit land.
The respondents merely denied the applicant's claim.
As the orders sought are meant to subsist until Meru High Court Succession Cause No.506 of 2010 is heard and determined, Prayer 2 of the application is allowed.
Costs shall be in the cause.
It is so ordered.
Delivered in Open Court at Meru this 28th day of October, 2014 in the presence of:
Cc. Daniel/Lilian
Maganga for Applicant
Rael Itwa – 1st Defendant
David Kainga – 2nd Defendant
P. M. NJOROGE
JUDGE