COSMOS HOLIDAYS PLC V DHANJAL INVESTMENTS LIMITED [2012] KEHC 2027 (KLR)
- Court
- High Court of Kenya
- Case number
- 2027
- Citation
- [2012] KEHC 2027 (KLR)
- Decided
- 5 October 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeSuccessionPosturePetitioner seeks temporary injunction and inclusion as heir, Objector seeks to be included as heir and maintain status quoCoramR.P.V. WENDOH
Holding
Grant an order of injunction restraining the petitioner from intermeddling with the estate and disposing off 71/2 acres of the suit property pending the hearing and determination of the other issues
Facts
Koima Cheruiyot had two wives, Kabon Koima and Elizabeth Koima. The Objector contends he is the only child from Kabon Koima, while the Petitioner disputes this. The deceased had two houses, and the Objector left the suit property in 1986.
Issues
- Whether the Objector is a son of the deceased and thus entitled to inherit the suit property
- Whether the Petitioner should be restrained from intermeddling with the estate of the deceased
Reasoning
The irregularity in the application is curable by Article 159 1 (d) of the Constitution and Section 1A and 1B of the Civil Procedure Rules. The dispute is whether the Objector is a son of the deceased and thus a beneficiary.
Outcome
Petitioner's prayer 2 and part of prayer 3 granted
Orders
- Order of injunction
Remedies
- Preservation of the estate pending determination of the issue
Authorities cited
Legislation (2)
- Civil Procedure Rules 2010
- Constitution of Kenya 2010
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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