Rebbeca Mwari Njagi v Evans Nguu [2013] KEHC 2882 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT EMBU

SUCCESSION CAUSE NO. 537 OF 2011

IN THE MATTER OF ESTATE OF SIMON NJAGI GAKINDI...............DECEASED

AND

REBBECA MWARI NJAGI................................................................... APPLICANT

VERSUS

EVANS NGUU GAKINDI …..……….…………...……………………PETITIONER

R U L I N G

These are the Petitioner/Applicant’s applications dated 10/7/2013 and 19/7/2013.  The grant herein was confirmed on 21/2/2013 as there was no protest/objection filed.  For a person to go behind the Courts back and file cautions/restrictions to frustrate the due process of the law is contemptuous. I therefore order the lifting of all cautions/restrictions/ prohibitions on the two (2) parcels of land i.e.

KAGAARI/KIGAA/4092

KAGAARI/NDUURI/T.216

immediately.

DATED, SIGNED AND DELIVERED IN OPEN COURT AT EMBU THIS 1ST  DAY OF AUGUST  2013.

H.I. ONG'UDI

J U D G E

In the presence of;

M/s Ndorongo for Applicant

Applicant

Mutero – C/c