Case Metadata |
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| Case Number: | Succcession Cause 497 of 2014 |
|---|---|
| Parties: | In Re Estate of Ireri akiavu (Deceased) |
| Date Delivered: | 01 Sep 2015 |
| Case Class: | Civil |
| Court: | High Court at Embu |
| Case Action: | Ruling |
| Judge(s): | Justus Momanyi Bwonwong'a |
| Citation: | In Re Estate of Ireri akiavu (Deceased)[2015] eKLR |
| Court Division: | Civil |
| County: | Embu |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
SUCCCESSION CAUSE NO. 497 OF 2014
IN THE MATTER OF THE ESTATE OF IRERI GAKIAVU (DECEASED)
JIMKASSIM MUGO GAKIAVU.......................................................................................APPLICANT
VERSUS
PETER MURITHI .........................................................................................................RESPONDENT
RULING
By their chamber summons dated 14th August, 2015 brought under Rules 49, 59 (3) of the Probate and Administration Rules, counsel for the applicant have applied for an order to direct the lifting of a restriction and/or caution lodged in respect of land reference No. Kyeni/Kigumo/1485. The applicant has annexed a supporting affidavit.
The Respondent did not appear nor did he file a replying affidavit, notwithstanding that he was served with a notice of hearing. I have perused the affidavit of service and I am satisfied that he was properly served and had adequate notice of the hearing of this application.
According to the Applicant's affidavit, the said land parcel was granted to Ceaser Murithi Gakiavi through a confirmed grant dated 15th June, 2015. The Respondent never lodged any objection to the petition for letters of administration intestate nor did he file a protest to the confirmation of the grant.
Furthermore, the applicant was shocked to learn that the land had been cautioned by the respondent and for this reason, he was unable to pay stamp duty.
I have considered the affidavit evidence of the applicant who is the administrator of the estate of the deceased. I find that the said evidence is credible and is unopposed.
In the circumstances, I find no legal justification for the lodging of the caution or restriction. I hereby order for its removal.
The application is therefore allowed in terms of prayer (a) of the chamber summons.
RULING DATED, SIGNED and DELIVERED in open court at EMBU this 1st day of SEPTEMBER, 2015
In the presence of the applicant and in the absence of the Respondent
Court clerk. R Njue
J.M. BWONWONGA
JUDGE
01.09.15
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