In re Estate of Cyprian Meme Rukunga alias Cyprian Meeme Rukunga (Deceased) [2024] KEHC 3356 (KLR)

In re Estate of Cyprian Meme Rukunga alias Cyprian Meeme Rukunga (Deceased) (Succession Cause 682 of 2012) [2024] KEHC 3356 (KLR) (14 March 2024) (Ruling)

Neutral citation: [2024] KEHC 3356 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 682 of 2012

TW Cherere, J

March 14, 2024

Between

Catherine Ncabira

Applicant

and

Beatrice Kaburo Meme

Petitioner

Ruling

1. By an order dated 13th August, 2021, an inhibition was placed on deceased’s estate known as LR Kiirua/Kiirua-Nkando/531.

2. Subsequently, the estate of the deceased was distributed and specifically LR Kiirua/Kiirua-Nkando/531 was distributed to one Ndaka Kirigia.

3. By summons dated 22nd November, 2023, supported by an affidavit sworn by Catherine Ncabira (Applicant) on 06th December, 2023, Applicant prays that the inhibition on LR Kiirua/Kiirua-Nkando/531 be lifted to enable her complete the distribution of the estate.

4. I have considered the application and I am persuaded that the inhibition, unless lifted with hinder the distribution of the estate and defeat the sole purpose for which the court distributed the estate.

5. Consequently, the summons dated 22nd November, 2023 is allowed in the following terms:1. An order is hereby issued lifting the inhibition placed on LR Kiirua/Kiirua-Nkando/5312. This cause will be mentioned on 19th September, 2024 to confirm transmission of the estate

DATED AT MERU THIS 14TH DAY OF MARCH 2024. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicant - Ms. Gachohi for G.M.Wanjohi, Mutuma & Co. AdvocatesRespondent - N/A