[2014] KEHC 6369 (KLR)
The court determined that while Peter Gachanja Mutwika's request for a six-month relocation period was excessive, fairness required that he be given a reasonable period to vacate the portions of land allocated to other beneficiaries, considering he was the only family member required to relocate. The court therefore...
Source-derived case information.
- Citation
- [2014] KEHC 6369 (KLR)
- Parties
- Applicant: Cyrus Ngugi Wahu; Respondent: Peter Gachanja Mutwika; Respondent: Wilson Mbure Ngugi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 2670 of 2008
- Procedural Posture
- Probate and Administration / Ruling on Relocation and Transfer of Land to Beneficiaries
- Outcome
- Application partially allowed; relocation period reduced; immediate handover for unoccupied land; conveyancing to be executed within seven days or by Deputy Registrar.
- Judges
- LK Kimaru
- Legal Topics
- Succession of Estates, Distribution of Land, Beneficiary Rights, Relocation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cyrus Ngugi Wahu
Applicant
Peter Gachanja Mutwika
Respondent
Wilson Mbure Ngugi
Respondent
Procedural Posture
Probate and Administration / Ruling on Relocation and Transfer of Land to Beneficiaries
Legal Issues
- 1 Whether Peter Gachanja Mutwika should be granted time to relocate from portions of land allocated to other beneficiaries.
- 2 Whether the court should order the execution of conveyancing documents to effect the transfer of land to the beneficiaries.
- 3 Whether immediate handover of land without permanent structures is warranted.
Ratio Decidendi
The court determined that while Peter Gachanja Mutwika's request for a six-month relocation period was excessive, fairness required that he be given a reasonable period to vacate the portions of land allocated to other beneficiaries, considering he was the only family member required to relocate. The court therefore granted him four months to vacate the land allocated to Cyrus Ngugi. For the portion allocated to Nancy Muthoni, where no permanent structures existed, immediate handover was ordered. The court further directed Peter Gachanja to execute all necessary conveyancing documents within seven days, failing which the Deputy Registrar would execute them on his behalf, ensuring the...
Court Disposition
Application partially allowed; relocation period reduced; immediate handover for unoccupied land; conveyancing to be executed within seven days or by Deputy Registrar.
Orders
- Peter Gachanja Mutwika to vacate and relocate from the portions of land allocated to Cyrus Ngugi within four months from the date of the ruling.
- Peter Gachanja Mutwika to hand over the portion of land allocated to Nancy Muthoni immediately.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
P&A NO.2670 OF 2008
IN THE MATTER OF THE ESTATE OF WAMAITHA MUTWEKA (DECEASED)
CYRUS NGUGI WAHU....................................................................APPLICANT
VERSUS
PETER GACHANJA MUTWIKA
WILSON MBURE NGUGI…..............................................ADMINISTRATORS
R U L I N G
This court visited the Locus in quo with a view to determining the actual position on the ground of parcels of land distributed to the respective beneficiaries. Peter Gachanja Mutwika now claims that the parcel of land that Cyrus Ngugi was allocated is where his wooden house is situate. He seeks clarification from the court. This court noted that the parcel of land where the wooden house of Peter Gachanja Mutwika is situate is on parcel No. G. Part of the wooden house will have to be demolished because the boundary of the portion of land allocated to Cyrus Ngugi dissects. The iron sheet structure will have to be demolished in its entirely because it is located in the portion of land now belonging to Cyrus Ngugi. Peter Gachanja has requested the court to give him a grace period of six(6) months to relocate from the said portions of land. Cyrus Ngugi and Nancy Muthoni are of the view that the period requested is far too long. In view of the length of time that the dispute has taken, I am of the considered view that since Peter Gachanja is the only member of the family that has been forced to relocate from part of the suit parcel of land which has been allocated to another beneficiary, it is only fair that he be given time to organize himself to relocate from that portion. I will grant him four (4) months from today's date to relocate from the portions of land that have been allocated to Cyrus Ngugi. As regard the portion allocated to Nancy Muthoni, since there were no permanent structures on that portion, Peter Gachanja shall hand over the said parcel of land to Nancy Muthoni with immediate effect. Either party shall be at liberty to apply. Peter Gachanja is further ordered to execute all the conveyancing documents so as to transfer the said portions of land to the said beneficiaries. He shall do so within seven (7) days of today's date or in default the Deputy Registrar of this court shall execute the said documents on his behalf. It is so ordered.
DATED at NAIROBI this 3rd day of MARCH 2014.
L. KIMARU
JUDGE