[2017] KEHC 6097 (KLR)
The court found that the suit property, L.R. No. Nkueni/L– Mikumbune/582, was registered in the names of the deceased and the 1st respondent as tenants in common in equal shares. Consequently, only the deceased's half share forms part of the estate for distribution. The prayer seeking restoration of sole ownership...
Source-derived case information.
- Citation
- [2017] KEHC 6097 (KLR)
- Parties
- Applicant: Daniel Murithi Angaine; Respondent: Stanley Mutwiri Angaine; Respondent: Eric Kinyua Kiaria
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 114 of 2007
- Procedural Posture
- Succession Cause / Ruling on Application to Restore Sole Ownership and Determine Proprietorship of Suit Property
- Outcome
- Application dated 30th June 2015 fully determined; orders issued for reversion of property and amendment of grant.
- Judges
- F Gikonyo
- Legal Topics
- Succession of Estates, Co Ownership of Land, Tenancy in Common, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Murithi Angaine
Applicant
Stanley Mutwiri Angaine
Respondent
Eric Kinyua Kiaria
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Restore Sole Ownership and Determine Proprietorship of Suit Property
Legal Issues
- 1 Whether the suit property L.R. No. Nkueni/L– Mikumbune/582 was held as joint tenancy or tenancy in common by the deceased and the 1st respondent.
- 2 Whether prayer No. 4 of the application dated 30th June 2015 seeking restoration of sole ownership to the deceased can be granted.
- 3 How the deceased's share in the suit property should be distributed among the beneficiaries.
Ratio Decidendi
The court found that the suit property, L.R. No. Nkueni/L– Mikumbune/582, was registered in the names of the deceased and the 1st respondent as tenants in common in equal shares. Consequently, only the deceased's half share forms part of the estate for distribution. The prayer seeking restoration of sole ownership to the deceased was untenable as it contradicted the established tenancy in common. The court ordered that the property revert to the names of the deceased and the 1st respondent, and that the deceased's half share be shared equally between the petitioner and the 1st respondent. The grant and certificate of confirmation were to be amended accordingly.
Court Disposition
Application dated 30th June 2015 fully determined; orders issued for reversion of property and amendment of grant.
Orders
- L.R. No. Nkueni/L– Mikumbune/582 shall revert into the names of the deceased and Stanley Mutwiri Angaine as tenants in common in equal shares.
- Any entry inconsistent with this order shall be cancelled.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO.114 OF 2007
IN THE MATTER OF THE ESTATE OF KARUNTIMI ANGAINE MUCHERE (DECEASED)
DANIEL MURITHI ANGAINE…….........…………PETITIONER
Versus
STANLEY MUTWIRI ANGAINE……......…1ST RESPONDENT
ERIC KINYUA KIARIA……………..….......2ND RESPONDENT
RULING
[1] On 3th June 2016, this court made the following observations and order:
I have stated that the title of the suit property had been registered in the names of the 1st Respondent and the deceased in equal shares. There is however, no material before the court which succinctly show whether the ownership was joint or in common. The lacunae will require establishing the kind of proprietorship this was before anything substantial can be said. For now, in order to preserve the suit property, I will order an inhibition to be placed upon the suit land until I determine the above issue and make further order. But, I will not cancel the current registration until I decide on the foregoing issue. The record will remain as is except there shall be no further dealings on the land. It is so ordered.
[2] On 27th September 2016 the type of ownership of the suit property was settled- parties confirmed and the court recorded that the deceased and Stanley M’Mutwiri Angaine were registered as tenants in common in equal shares of undivided shares in L.R. No. Nkueni/L– Mikumbune/582. Therefore, only one part of the suit property isthe estate property and the subject of these proceedings. That issue is now fully settled. Except, however, parties stated that prayer No 4 of the application dated 30th June 2015 is outstanding. I note that the said prayer sought to restore sole ownership of L.R. No. Nkueni/L– Mikumbune/582 to and be registered in the sole name of the deceased. But, following the decision by this court that the property was owned in common, Prayer No 4 cannot be granted as initially formulated. Accordingly, the apt order to make is and I hereby order that the L.R. No. Nkueni/L– Mikumbune/582 shall revert into the names of the deceased and Stanley Mutwiri Angaine. Any other entry which is inconsistent with this order shall be cancelled. Thereafter, the one half of the said land which belongs tothe deceased shall be shared equally by the Petitioner and the 1st Respondent. And, as a consequence thereof, the grant and Certificate of confirmation herein shall be amended to reflect these changes. It is so ordered. With this order the application dated 30th June 2015 is now fully determined.
Dated, signed and delivered in open court at Meru this 25th April 2017
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F. GIKONYO
JUDGE
In the presence of:-
M/S Wanjohi for Kiogora for respondents
M/S Nyaga for E. Kimathi for petitioner.
C.C Mwenda
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F. GIKONYO
JUDGE