1. Daniel Mwangi Kungu (Senior), the applicant herein, moved the court through an application dated the 10th day of April 2025. The application is brought under section 73(1) of the Land Registration Act, section 63 (c) and (e) of the Civil Procedure Act, section 47 of the Law of Succession Act & Rules 49 and 73 of the Probate and Administration Rules. He is seeking the following orders:
a) That the caution lodged against Land Reference No. Nyandarua/Mawingo Salient/242 in favour of Margaret Njoki Kungu be removed.
b) That the cost of this application be provided for.
2. The application is premised on the following grounds:
a) That the petitioner/applicant is one of the administrators of the estate of Kungu
Kiriga Ngothi (Deceased)
b) That the Protestor/Respondent was the 2nd wife of the deceased and hence a beneficiary.
c) That the protestor/respondent lodged a caution against the parcel, to wit, Nyandarua/Mawingo Salient /242 on the 19th August 2009.
d) That the judgment in the matter was delivered on 30th January 2025, and the same
has not been appealed and/or reviewed.
e) That the protestor/respondent, without any colour of right, has either neglected, failed
and/or refused to apply for the removal of the caution lodged by her.
f) That the protestor/ respondent has failed to honour a summons from the Land Registrar.
g) That the said caution has stalled the distribution of the estate of Kungu Kiriga Ngothi (Deceased) in accordance with the judgment delivered on the 30th January 2025.
h) It is in the interest of justice that the said caution be removed to facilitate the enforcement of the orders of this honourable court.
i) That the petitioner/respondent shall suffer no prejudice by the removal of the said
caution.
i) The applicant and other beneficiaries suffer significantly because of the respondent’s inconsiderate acts, which have stalled the estate's distribution.
3. The protestor/respondent opposed the application on the following grounds:
a) The respondent has filed a memorandum of appeal.
b) The record of appeal has not been supplied.
4. I have perused the record and noted a memorandum of appeal against the judgment delivered on 30 January 2025. The respondent has not bothered to attach any documents to demonstrate that she has applied for the proceedings to enable her to prepare the record of appeal. There is no order for the stay of execution of the impugned judgment.
5. The Land Registrar is, therefore, ordered to remove the caution lodged against Land Reference No. Nyandarua/Mawingo Salient/242.
6. Each party to meet its costs.
Delivered and signed at Nyandarua this 23rd day of June 2025
a) That the caution lodged against Land Reference No. Nyandarua/Mawingo Salient/242 in favour of Margaret Njoki Kungu be removed.
b) That the cost of this application be provided for.
2. The application is premised on the following grounds:
a) That the petitioner/applicant is one of the administrators of the estate of Kungu
Kiriga Ngothi (Deceased)
b) That the Protestor/Respondent was the 2nd wife of the deceased and hence a beneficiary.
c) That the protestor/respondent lodged a caution against the parcel, to wit, Nyandarua/Mawingo Salient /242 on the 19th August 2009.
d) That the judgment in the matter was delivered on 30th January 2025, and the same
has not been appealed and/or reviewed.
e) That the protestor/respondent, without any colour of right, has either neglected, failed
and/or refused to apply for the removal of the caution lodged by her.
f) That the protestor/ respondent has failed to honour a summons from the Land Registrar.
g) That the said caution has stalled the distribution of the estate of Kungu Kiriga Ngothi (Deceased) in accordance with the judgment delivered on the 30th January 2025.
h) It is in the interest of justice that the said caution be removed to facilitate the enforcement of the orders of this honourable court.
i) That the petitioner/respondent shall suffer no prejudice by the removal of the said
caution.
i) The applicant and other beneficiaries suffer significantly because of the respondent’s inconsiderate acts, which have stalled the estate's distribution.
3. The protestor/respondent opposed the application on the following grounds:
a) The respondent has filed a memorandum of appeal.
b) The record of appeal has not been supplied.
4. I have perused the record and noted a memorandum of appeal against the judgment delivered on 30 January 2025. The respondent has not bothered to attach any documents to demonstrate that she has applied for the proceedings to enable her to prepare the record of appeal. There is no order for the stay of execution of the impugned judgment.
5. The Land Registrar is, therefore, ordered to remove the caution lodged against Land Reference No. Nyandarua/Mawingo Salient/242.
6. Each party to meet its costs.
Delivered and signed at Nyandarua this 23rd day of June 2025