Application for orders of inhibition over L. R. Nyambene/Antubetwe/858 pending Meru High Court Succession Cause No. 506 of 2010
The bottom line
#Courts can freeze land transactions to protect property while a succession case is ongoing.
What this practically means
#Executive summary
#Key legal issues
#Whether inhibition orders should issue over the suit land pending a succession cause
The court allowed Prayer 2 and issued inhibition orders over L. R. Nyambene/Antubetwe/858 to subsist until Meru High Court Succession Cause No. 506 of 2010 is heard and determined
The applicant, claiming to be a son of the owner of the suit land, relied on grounds on the face of the record and his supporting affidavit. The respondents merely denied the claim without apparently discharging the court that inhibition was unnecessary. Given that the purpose of the orders was to preserve the property until the succession cause was determined, the court found it appropriate to grant the inhibition for that duration.
Legal principles established
#- Where orders sought are meant to subsist until a pending succession cause is heard and determined, the court may grant inhibition orders over the suit property for that duration
Court orders
#- 1.Prayer 2 of the application allowed - orders of inhibition issued over all that parcel of land known as L. R. Nyambene/Antubetwe/858 pending the hearing and determination of Meru High Court Succession Cause No. 506 of 2010
- 2.Costs of the application to be in the cause
- Jurisdiction invoked
- Inherent power of the High Court to issue orders of inhibition over land pending determination of a succession cause (inhibition orders preserving the suit property)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Application for orders of inhibition over L. R. Nyambene/Antubetwe/858 pending Meru High Court Succession Cause No. 506 of 2010", Case Analysis (2014). . Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.