[2015] KEHC 431 (KLR)
The High Court found that the grant of letters of administration previously issued by the Resident Magistrate was revoked due to lack of pecuniary jurisdiction. Consequently, any registration of estate property based on that grant, including the issuance of a title deed to the respondents for land parcel...
Source-derived case information.
- Citation
- [2015] KEHC 431 (KLR)
- Parties
- Applicant: Elijah Nyaga Johana; Respondent: Jacob Njagi Johana; Respondent: Micerata Miiru
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 270 of 2008
- Procedural Posture
- Succession Cause / Ruling
- Outcome
- application allowed
- Legal Topics
- Revocation of Grant, Administration of Estates, Title Cancellation, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elijah Nyaga Johana
Applicant
Jacob Njagi Johana
Respondent
Micerata Miiru
Respondent
Procedural Posture
Succession Cause / Ruling
Legal Issues
- 1 Whether the continued registration of land parcel Kagaari/Kanja/1956 in the respondents' names is lawful after revocation of the grant of letters of administration.
- 2 Whether the Land Registrar should be directed to cancel or revoke the title deed and restore the property to the estate.
Ratio Decidendi
The High Court found that the grant of letters of administration previously issued by the Resident Magistrate was revoked due to lack of pecuniary jurisdiction. Consequently, any registration of estate property based on that grant, including the issuance of a title deed to the respondents for land parcel Kagaari/Kanja/1956, is unlawful and irregular. The court determined that the continued registration of the property in the respondents' names cannot stand in light of the valid revocation order. To safeguard the estate and prevent potential disposal of the property, the court directed that its revocation order be forwarded to the Land Registrar, Embu, for implementation and execution,...
Court Disposition
application allowed
Orders
- The order revoking the grant of letters of administration is to be forwarded to the Land Registrar, Embu, for implementation and execution.
- The Land Registrar is directed to cancel or revoke the title deed for land parcel Kagaari/Kanja/1956 and restore the property to the estate of Johana Muriuga.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
SUCCESSION CAUSE NO. 270 OF 2008
IN THE MATTER OF THE ESTATE OF THE LATE JOHANA MURIUGA
ELIJAH NYAGA JOHANA................................................................................PETITIONER
VERSUS
JACOB NJAGI JOHANA
MICERATA MIIRU .........................................................................RESPONDENTS
RULING
The applicants have sought an order of the court to direct the Land Registrar, Embu to cancel and/or revoke the title deed in respect of land parcel No. Kagaari/Kanja/1956, which was issued to the respondent and restore to the estate of Johana Muriuga.
The applicants have stated that through succession cause No. 270 of 2008, the grant of letters of administration was revoked by this court (Karanja, J) because the Resident Magistrate lacked pecuniary jurisdiction to issue a grant of letters of administration.
The applicants through the 1st applicant have relied on the affidavit of the 1st applicant. According to the 1st applicant in paragraph 5 this court (Karanja, J) revoked the grant of letters of administration, which had been granted by the magisterial subordinate at Runyenjes.
According to the applicant, the continued registration of the land in the names of the respondents is illegal and irregular and he is likely to dispose of it.
I have considered the affidavit evidence of the applicant which I find credible. I also find that there is in place a valid order of this court (Karanja, J) revoking the grant. This order is dated 25th November, 2010.
In the light of the foregoing matters, I direct that the order of this court (Karanja, J) be forwarded to the Land Registrar, Embu for implementation and execution.
RULING DATED, SIGNEDand DELIVERED in open court at EMBU this.. 16th .. day of NOVEMBER .2015
In the presence of both counsel and in the presence of the applicant and respondent.
Court clerk Nyaga
J.M. BWONWONGA
JUDGE
16. 11. 15