Babu v Njue & 6 others (Miscellaneous Succession Cause 8'B' of 2015) [2025] KEHC 17805 (KLR) (26 November 2025) (Ruling)
Neutral citation:
[2025] KEHC 17805 (KLR)
Republic of Kenya
Miscellaneous Succession Cause 8'B' of 2015
RL Korir, J
November 26, 2025
IN THE MATTER OF THE ESTATE OF JEREMY M’KANGA M’KIRIUNGA (DECEASED)
Between
Kit Murugi Babu
Applicant
and
Patricia Ciambura Njue
1st Respondent
Tabitha Mwari
2nd Respondent
Lucy Gatakaa
3rd Respondent
Catherine Karimi
4th Respondent
Prisca Kanini
5th Respondent
Joyce Gatune
6th Respondent
Moses Munene
7th Respondent
Ruling
1.This ruling is in respect of the Application dated 24th January 2024 filed by the Applicant an Interested Party seeking the following: -i.Spentii.That this honourable court be pleased to lift the inhibition issued on land parcel number Karingani/Ndagani/11153 and registered on the 17th December 2015.iii.Spentiv.That the cost of this Application be in cause.
2.The Application is founded on the grounds set out on its face and the Supporting affidavit of Kit Murugi Mbabu the Applicant. She deposed that land parcel number Karingani/Ndagani/11153 is registered jointly in her name, her husband’s and son’s name. that on 17th December 2015, the court issued an inhibition order in respect of Karingani/Ndagani/ 4064, 4065, 4446,11150, 11151, 11152 and 11153 pending the final hearing and determination of the Application dated 15th December 2015.
3.She stated that Karingani/Ndagani/11153 was one of the land parcels affected by the said inhibition order and it is in the interest of justice that the said inhibition order be lifted as no prejudice will be occasioned if the inhibition is lifted.
4.The Respondents filed grounds of opposition dated 14th February 2024 raised on the following grounds:-i.The Grant of Letters of Administration giving rise to the subdivision of LR No Karingani/Ndagani/5467 into LR Nos Karingani/Ndagani/11150,11151,11152 and 1153 was revoked by this court on 15th December 2015 and a fresh grant issued.ii.Allowing the Application would be tantamount to the court validating a transaction that has been nullified by the law.iii.The registration of Kit Murugi Mbabu, Lawrence Mwangi Maina and Victor Maina Mwangi as joint proprietors of LR No Karingani/Ndagani/11153 is no longer legally tenable owing to the revocation of the Grant of Letters of administration.
5.The Respondents prayed that the Application be dismissed with costs.
Brief Background
6.In the present case, the inhibition was issued on 17th December 2015 to preserve the suit properties pending determination of the Application dated 15th December 2015 which sought the following orders: -i.Spentii.That an order of inhibition do issue restraining registration of dealings in respect of LR Nos. Karingani/Ndagani/4064, 4065, 4646, 4653, 11150, 11151, 11152 and 11153 pending the interpartes hearing of the Application.iii.That an order of inhibition do issue restraining registration of dealings in respect of LR Nos. Karingani/Ndagani/4064, 4065, 4646, 4653, 11150, 11151, 11152 and 11153 pending the hearing and determination of this application.iv.That the certificate of confirmation of grant issued to the Respondent in Chuka P.M Succession No.77 of 2010 on 15th February 2012 be revoked and all the parcels of land involved do revert to the estate of the deceased for redistribution.v.That the court do call for the lower court record in Chuka P.M Succession Cause No 77 of 2010 for the hearing of this application.vi.That the costs of the Application be provided for.
7.On 17th December 2015, F.M Gikonyo J, issued the following order: -i.That an order for inhibition do and is hereby issued restraining registration of dealings in respect of LR Nos. Karingani/Ndagani/4064, 4065, 4646, 4653, 11150, 11151, 11152 and 11153 pending the interparties hearing of the application.ii.That Application be served upon the Respondent for interparties hearing on 5th January before Justice Mabeya.
8.On 11th February 2016, parties entered into a consent in the following terms: -i.The Grant issued to Patricia Ciamburia Njue and Certificate of Confirmation issued on 21st February 2012 be revoked.ii.Fresh letters of administration intestate be issued in the name of Patriciah Ciamburia Njue and Tabitha Mwari as joint administrators.iii.The cause be mentioned on 15th March 2016 to confirm party’s agreement to mode of distribution.iv.Failure to agree each party file respective affidavit on mode of distribution and the matter be disposed by way of viva voce evidence.v.The Application dated 15th December 2015 is marked as settled.
9.Consequently, a new Grant was issued on 4th April 2016. The first administratix (Patriciah Ciambura Njue) applied for confirmation of grant vide summons dated 13th June 2017 proposing the mode of distribution. The 2nd Administratix alongside Tabitha Mwari, Lucy Gatakaa, Catherine Karimi, Prisca Kanini, Joyce Gatune and Moses Munene filed a protest through the affidavit dated 28th September 2017 sworn by Tabitha Mwari.
10.The matter proceeded for hearing and judgment was delivered on 12th September 2018 and the Grant dated 4th April 2016 confirmed as follows: -i.Karingani/Ndagani/444- Moses Kibaarua Kauraii.Karingani/Ndagani/5965 - Reverend John Mbiiri.iii.Karingani/Ndagani/ 4065- Catherine Karimi and Prisca Kanini jointly.iv.Karingani Ndagani/4653: -a.Patricia Ciambura Njue to hold 0.55 ha in trust for James Mutegi, Caroline Kagendo Micheni, Morris Kibaara Kaura, Dave Gitonga Kaura and Doreen Kainyu Kaura in equal share.b.0.57 ha to be shared equally amongst; Lucy Gatakaa, Catherine Karimi, Joyce Gatune, Prisca Karimi, Tabitha Mwari, Michael Njue, Moses Munene Kaurav.Karingani/Ndagani/4064 to be shared equally amongst; Lucy Gatakaa, Catherine Karimi, Joyce Gatune, Prisca Karimi, Tabitha Mwari, Michael Njue and Moses Munene Kaura.vi.Karingani/Ndagani/5964 to be shared equally amongst; Lucy Gatakaa, Catherine Karimi, Joyce Gatune, Prisca Karimi, Tabitha Mwari, Michael Njue and Moses Munene Kaura.vii.Karingani/Ndagani/5966 to be shared equally amongst; James Mutegi, Caroline Kagendo Micheni, Morris Kibaara Kaura, Dave Gitonga Kaura and Doreen Kainyu Kaura.viii.Karingani/Ndagani/5967 to be held for her benefit and life interest by Patricia Ciambura and in trust of all the children; James Mutegi, Caroline Kagendo Micheni, Morris Kibaara Kaura, Dave Gitonga Kaura, Doreen Kainyu Kaura Lucy Gatakaa, Catherine Karimi, Joyce Gatune, Prisca Karimi, Tabitha Mwari, Michael Njue and Moses Munene Kaura.ix.Shares in Barclays bank Limited, Cooperative Bank Limited and Kenya Commercial Bank limited to Patricia Ciambura Njue.
11.Subsequently, the grant was confirmed and a Certificate of Rectification of Grant issued on 9th July 2020.
Submissions
12.Having set out the background I now turn to the present Application. The Application was canvassed by way of written submissions. The Applicant filed written submissions dated 21st February 2024. She raised one issue for determination being whether the inhibition against land parcel LR Karingani/Ndagani/11153 is still viable and sustainable.
13.The Respondents filed written submissions dated 3rd February 2025. They opposed the Application on the basis that the Grant that gave rise to the parcel of land was revoked on 15th December, 2015 and therefore to allow the Application would amount to a validation of a revoked grant.
14.From the pleadings and submissions, the sole issue for determination is whether the inhibition placed over LR No Karingani/Ndagani/11153 should be lifted.
Analysis and Determination
15.The legal foundation for an inhibition is found in Section 68(1) of the Land Registration Act, 2012, which provides:
16.An inhibition is therefore a temporary restriction intended to preserve the status quo and protect an interest pending the resolution of a dispute. It is injunctive in nature.
17.In Mwambeja Ranching Company Limited& another v Kenya National Capital Corporation Limited (Kenya) & 6 others [2015] eKLR F Gikonyo Judge stated;
18.In the present matter, the inhibition placed over LR No Karingani/Ndagani/11153 on 17th December 2015 was intended to maintain the status quo or presentation of the estate pending resolution of the dispute arising from the December 2015 Application relating to the grant of letters of administration and redistribution of the estate properties.
19.The Applicant contends that she is a joint proprietor of LR No Karingani/Ndagani/11153 and seeks to lift the inhibition on the grounds that doing so will not occasion prejudice and is in the interest of justice. While the court recognizes that lifting an inhibition may be appropriate where no ongoing dispute exists, such relief is conditional upon the Applicant demonstrating a subsisting legal or equitable interest in the property. The Applicant relies solely on registration in her name, her husband’s, and son’s name.
20.The Respondents submit, and the record confirms, that the original Grant giving rise to the subdivision of LR No Karingani/Ndagani/5467 into several parcels, including 11153, was revoked and a fresh Grant was issued on 4th April 2016, following a Consent between the parties, which expressly marked the Application dated 17th December 2015 as settled.
21.The legal consequence of revocation of a Grant, is that any subdivision or registration arising from the revoked Grant ceases to have any legal effect. Therefore, any registration purporting to vest interest in the Applicant and her family post revocation cannot be sustained under the law.
22.Following the fresh Grant issued on 4th April 2016, the court confirmed the mode of distribution on 12th September 2018. This confirmed distribution does not recognize the Applicant as having any proprietary interest in LR No Karingani/Ndagani/11153.
23.I am persuaded by the case of Omollo v Ongoro [2023] KEHC 18999 (KLR) where Aburili J. held: -
24.It is clear from the above authority that the court cannot therefore, through subsequent orders, validate transactions that have been rendered void by prior judicial acts.
25.In Macfoy v United Africa Co Ltd [1961] 3 All ER 1169 it was stated as follows concerning an act that is void:
26.Lifting the inhibition is contingent upon there being no ongoing dispute or risk of prejudice to other parties. In the present case, the relevant disputes relating to the grant, distribution, and ownership of estate properties have been conclusively resolved through consent, issuance of a fresh grant, and judicial confirmation. No evidence has been presented to suggest that the inhibition over LR No 11153 continues to serve any protective purpose for the Applicant.
27.Indeed, it has not been demonstrated to the court that such title was still in existence after the grant which birthed it had been revoked. Legally, once the title ceased to exist, the inhibition thereon would also have ceased to exist. Inhibition may prejudice the rightful beneficiaries under the confirmed distribution by potentially creating conflicting claims.
28.In the light of the foregoing analysis, it is my finding that: -i.The inhibition order over LR No Karingani/Ndagani/11153 was issued for a specific protective purpose which has since been rendered moot by the consent settlement of the Application dated 17th December 2015, issuance of a fresh Grant, and confirmation of distribution.ii.The inhibition ought to have fallen with the title pursuant to the revoked grant and if it did not it can only be lifted to pave way for the implementation of the current confirmed Grant.iii.The Applicant has not demonstrated any continuing legal or equitable interest in the parcel of if at all the parcel continues to exist after the revoked Grant.iv.Lifting the inhibition would validate a registration and purported interest nullified by law, contrary to settled principles of justice, equity, and public policy;
29.In the end there is no basis for the court to exercise its discretion in favour of the Applicant. Allowing the Applicant’s Application to lift the inhibition would have the effect of endorsing a registration rendered legally untenable by the subsequent confirmed grant and distribution.
30.The Application is dismissed. Each party to bear their own costs.Orders accordingly.
RULING DELIVERED, DATED AND SIGNED AT CHUKA THIS 26TH DAY OF NOVEMBER, 2025........................R. LAGAT-KORIRJUDGERuling delivered in the presence of Mr. I.C Mugo for the Applicant; and Ms Musyimi holding brief for Mr. Mureithi for the Respondents. Muriuki (Court Assistant).