JUDGMENT OF THE COURT
1. This is a succession matter in the Estate of Francis Giture Mwaniki (Deceased) who died on 26th September, 2006 leaving only one property LR. NGARIAMA/KABARE/51 (Plot 51) measuring about 11 Acres, as his free disposable estate. His son, Nyaga Cottolengo Francis (Nyaga), the appellant before us, claiming to be the sole heir to the estate applied for and was issued with a grant of Letters of Administration intestate on 6th September, 2011 which grant was confirmed a year later on 11th December, 2012. He then proceeded to Kerugoya lands office to transfer plot 51 to himself only to find a caution and a restriction having been registered against the title by Pius Mwaniki Karani (Pius), the respondent before us.
2. According to Nyaga, the caution was registered on the basis that Pius had a beneficiary’s interest in plot 51 and the restriction was placed on the basis that there was a pending case between Pius and the deceased before Embu Land Disputes Tribunal (LDT). …