Automated Summary
Key Facts
The applicant, Jesica Muthoni, sought to remove a restriction placed on land parcel No. Kyeni/Kigumo/367 by objectors during the pendency of the suit. The court ruled that the matter was concluded on 12 April 2016, with the respondents' application for revocation dismissed, and found the restriction unjustified. The confirmed grant was to be implemented to distribute shares of the estate to rightful beneficiaries.
Deceased Name
MATAKU MURUAMIU alias MUTUKU MURIAMIU
Issues
The court considered whether the restriction placed on land parcel No. Kyeni/Kigumo/367 by the objectors during the pendency of the suit should be removed. The applicant argued that the matter was concluded on 12th April 2016, the restriction was improperly imposed during the ongoing litigation, and the confirmed grant must be implemented to distribute estate shares. The court found the restriction unjustified and set it aside.
Holdings
- The court set aside the restriction on land parcel No. Kyeni/Kigumo/367 and granted the applicant's application to remove the restriction.
- The court found that the applicant's application is unopposed, the confirmed grant has not been challenged, and the restriction placed on the suit land is not justified.
Remedies
- The court set aside the restriction placed against land parcel No. Kyeni/Kigumo/367 by the objectors during the pendency of the suit, allowing the applicant to implement the confirmed grant.
- There were no orders as to costs in this case.
Probate Status
Probate granted and confirmed, with no further challenges.
Legal Principles
The court applied the principle of res judicata, finding that the confirmed grant had already been finalized and not challenged, thus precluding further litigation on the same matter.
Succession Regime
Other
Judge Name
J.M. Bwonwongwa
Passage Text
- I have considered the application and I find that it is unopposed. I find that the confirmed grant has not been challenged. I also find that the placing of the restriction in respect of the suit land is not justified.
- In the circumstances, I hereby set aside the restriction. I hereby grant the applicant's application in terms of prayer No. 1 of the ex parte summons.
- The applicant has relied on the following grounds. Firstly, she states that the matter was concluded way back on 12th April 2016 and that there is nothing pending in court. Secondly, the objectors placed the restriction against the suit land during the pendency of this suit. And finally she states that the confirmed grant needs to be implemented so that the rightful beneficiaries can be given their shares to the estate.
Beneficiary Classes
Other