[2015] KEHC 6772 (KLR)
The court found that the applicant's application was meritorious as the respondents had not opposed it and there was ample evidence that they were frustrating the subdivision and registration of Lari/Kirenga/367 as required by the confirmed grant. The law requires that the estate be distributed in accordance with...
Source-derived case information.
- Citation
- [2015] KEHC 6772 (KLR)
- Parties
- Applicant: Applicant (Name not specified); Respondent: Respondents (Names not specified)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 534 of 2002
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation or Cancellation of Title Deed and Restraining Orders
- Outcome
- Application allowed; orders granted as sought by the applicant.
- Judges
- DN Musyoka
- Legal Topics
- Succession of Estates, Confirmation of Grant, Title Deed Cancellation, Land Subdivision, Quiet Possession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Applicant (Name not specified)
Applicant
Respondents (Names not specified)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Revocation or Cancellation of Title Deed and Restraining Orders
Legal Issues
- 1 Whether the title deed for Lari/Kirenga/367 should be revoked or cancelled in accordance with the certificate of confirmation of grant.
- 2 Whether the applicant is entitled to restraining orders against the respondents to protect her quiet possession of her portion of the estate.
Ratio Decidendi
The court found that the applicant's application was meritorious as the respondents had not opposed it and there was ample evidence that they were frustrating the subdivision and registration of Lari/Kirenga/367 as required by the confirmed grant. The law requires that the estate be distributed in accordance with the certificate of confirmation of grant, and the court has the authority to direct the Land Registrar to cancel the existing title, subdivide the land, and issue new titles to the rightful beneficiaries. The respondents' failure to participate or oppose the application further justified granting the orders sought to ensure the applicant's entitlement and quiet possession are...
Court Disposition
Application allowed; orders granted as sought by the applicant.
Orders
- The Land Registrar for Kiambu County is directed to cancel the title deed for Lari/Kirenga/367.
- The Land Registrar shall subdivide Lari/Kirenga/367 and issue fresh title deeds on the subdivisions in accordance with the certificate of confirmation of grant dated 19th November 2007.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 534 OF 2002
IN THE MATTER OF THE ESTATE OF MARY NYAMBURA- (DECEASED)
RULING
1. The application dated 30th June 2014 seeks an order for the revocation or cancellation of the title deed for Lari/Kirenga/367 by the Land Registrar responsible of Kiambu County and for the insurance of a new title deed in line with the certificate of confirmation of grant dated 19th November 2007. The applicant also seeks orders to restrain the respondents from interfering with her quiet possession of her portion of Lari/Kirenga/367.
2. There was service of the application on the respondents as ordered on 2nd July 2014. The affidavit of service evidencing service was sworn on 14th July 2014 and filed herein on the same day.
3. The respondents have not filed any replies to the application, and therefore the same stands unopposed.
4. The grant herein was confirmed on 19th November 2007. There is a certificate of confirmation of grant on record of even date. Lari/Kirenga/367 is to be shared equally between the applicant and the respondents. There is ample evidence that the respondents are frustrating the exercise of the subdivision of Lari/Kirenga/367 and the registration of the subdivisions in the names of all three survivors of the deceased.
5. I do find merit in the said application. I have no hesitation granting it in the terms proposed by the applicant.
6. The Land Registrar for Kiambu County is hereby directed to cancel the title deed for Lari/Kirenga/367 and thereafter subdivide the said parcel of land and issue fresh title deeds on the subdivisions in accordance with the certificates confirmation of grant dated 19th November 2007. The respondents are hereby permanently restrained from interfering with the applicant’s quiet occupation of the portion that she is entitled to out of Lari/Kirenga/367.
DATED, SIGNED and DELIVERED at NAIROBI this 6TH DAY OF February 2015.
W. MUSYOKA
JUDGE