[2016] KEHC 1475 (KLR)
The court found that the applicant is the beneficial owner of parcel No.NYA/OL JOROOROK SALIENT 941 as confirmed by the certificate of confirmation of grant. The respondent, from whom the deceased purchased the land, has not completed the transfer. All beneficiaries have consented to the transfer, and the...
Source-derived case information.
- Citation
- [2016] KEHC 1475 (KLR)
- Parties
- Applicant: David Ndirangu Wangai; Respondent: Phylis Wairimu Njoroge
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 674 of 2006
- Procedural Posture
- Succession Cause / Ruling on Summons for Transfer of Land
- Outcome
- application allowed
- Judges
- AG Ndung'u
- Legal Topics
- Administration of Estates, Confirmation of Grant, Transfer of Land, Beneficial Ownership
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Ndirangu Wangai
Applicant
Phylis Wairimu Njoroge
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Transfer of Land
Legal Issues
- 1 Whether the applicant is entitled to have the respondent compelled to sign transfer documents for parcel title No.NYA/OL JOROOROK SALIENT 941.
- 2 Whether the Deputy Registrar should be authorised to sign the transfer documents if the respondent fails to do so.
- 3 Whether the applicant is the beneficial owner of the said parcel as per the certificate of confirmation of grant.
Ratio Decidendi
The court found that the applicant is the beneficial owner of parcel No.NYA/OL JOROOROK SALIENT 941 as confirmed by the certificate of confirmation of grant. The respondent, from whom the deceased purchased the land, has not completed the transfer. All beneficiaries have consented to the transfer, and the co-administrator is unable to act due to illness and age. There is no objection from the relevant land office. To give full effect to the grant and facilitate the winding up of the estate, the court found it just and necessary to compel the respondent to sign the transfer documents, or in the alternative, authorise the Deputy Registrar to do so. The application was therefore merited and...
Court Disposition
application allowed
Orders
- The respondent is ordered to sign the transfer forms and all necessary documents in favour of the applicant for parcel title No.NYA/OL JOROOROK SALIENT 941.
- In the alternative, the Deputy Registrar is authorised to sign the transfer documents for the said parcel in favour of the applicant.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
SUCCESSION CAUSE NO. 674 OF 2006
IN THE MATTER OF THE ESTATE OF SOLOMON WANGAI NDIRANGU (DECEASED)
DAVID NDIRANGUWANGAI...........................................................APPLICANT
VERSUS
PHYLIS WAIRIMU NJOROGE..................................................RESPONDENT
RULING
By a summons dated 25th June, 2015, David Ndirangu Wangai (hereinafter the applicant) seeks orders:
1. THAT the Honourable court be pleased to order the Respondent to sign the Transfer Forms and all the necessary documents in favour of the Applicant for parcel title No.NYA/OL JOROOROK SALIENT 941.
2. That in the alternative the Honourable court do authorise its Deputy Registrar to sign the Transfer documents for the above mentioned parcel in favour of the applicant.
3. That costs of this application be provided for.
The application is based on the applicant's affidavit and three (3) grounds namely:
a) That No.NYA/OL JOROOROK SALIENT 941 was bought by the Deceased from the Respondent and the Transfer has never been fully effected
b) That the Applicant is the beneficial owner vide Certificate of Confirmation a grant in High Court Succession Cause No.674 of 2006.
c) That the Nyandarua District Land Adjudication and Settlement office where the records are have no objection to the said transfer.
d) That the applicant has been in occupation and use of the said land since the year 1985.
The gist of the application is that the applicant and Priscah Wangeci Wangai were appointed administrators of the estate of Solomon Wangai Ndirangu (deceased) on 19th September, 2014 and the grant was confirmed.
It has proved difficult to effect transfers or transmission as Priscah is sickly and of advanced age hence unable to perform her duties as an administrator effectively. This fact is confirmed by the two (2) annextures to the supporting affidavit, being the letter by Assistant Chief, Paul H. Kaguai of Kiania Sub-location and the medical report by Dr. Swaleh of Ol Kalou hospital.
My attention is also drawn to the consent by all the beneficiaries which is duly executed and dated 25th June, 2015. Priscah too has signed the consent.
On the material before me, the application before court is merited to give full effect to the grant herein and to facilitate the winding up of the estate herein.
Consequently, I allow the summons dated 25th June, 2015 in terms of prayers 1, 2 and 3. No orders as to costs.
Dated, Signed and Delivered at Nakuru this 8th day June, 2016.
A. K. NDUNG'U
JUDGE