[2013] KEHC 2882 (KLR)

[2013] KEHC 2882 (KLR)

The court found that the grant of representation had been confirmed without any protest or objection, and that the subsequent filing of cautions or restrictions on the estate properties was an act intended to frustrate the due process of the law and the administration of the estate. Such conduct was deemed...

Source-derived case information.

Citation
[2013] KEHC 2882 (KLR)
Parties
Applicant: Rebbeca Mwari Njagi; Petitioner: Evans Nguu Gakindi
Court
High Court
Court Station
High Court at Embu
Jurisdiction
Kenya
Case Number
Succession Cause 537 of 2011
Procedural Posture
Succession Cause / Ruling on Post Confirmation Applications
Outcome
applications allowed; all cautions/restrictions/prohibitions on the specified parcels of land to be lifted immediately.
Legal Topics
Probate and Administration, Confirmation of Grant, Land Restrictions, Contempt of Court
Source Language
en
Family and Children Probate and Administration Confirmation of Grant Land Restrictions Contempt of Court

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Summary, issues, holding and outcome

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Parties

Rebbeca Mwari Njagi

Applicant

Evans Nguu Gakindi

Petitioner

Procedural Posture

Succession Cause / Ruling on Post Confirmation Applications

Legal Issues

  1. 1 Whether the filing of cautions or restrictions on the estate land after confirmation of grant is lawful.
  2. 2 Whether the court should order the lifting of cautions/restrictions placed on the estate properties.

Ratio Decidendi

The court found that the grant of representation had been confirmed without any protest or objection, and that the subsequent filing of cautions or restrictions on the estate properties was an act intended to frustrate the due process of the law and the administration of the estate. Such conduct was deemed contemptuous of the court's authority. The court therefore exercised its power to order the immediate lifting of all cautions, restrictions, or prohibitions registered against the specified parcels of land, so as to give effect to the confirmed grant and facilitate the lawful distribution of the estate.

Court Disposition

applications allowed; all cautions/restrictions/prohibitions on the specified parcels of land to be lifted immediately.

Orders

  • All cautions, restrictions, and prohibitions on KAGAARI/KIGAA/4092 and KAGAARI/NDUURI/T.216 to be lifted immediately.