[2012] KEHC 1121 (KLR)
The court found that the plaintiff, as the administrator of her late father's estate, had established her entitlement to the land based on a valid sale agreement and a confirmed grant of representation. The defendants failed to provide any credible opposition or substantive response to the application. In the...
Source-derived case information.
- Citation
- [2012] KEHC 1121 (KLR)
- Parties
- Plaintiff: Emmy Lyavuli Kiggundu; Defendant: Chief Land Registrar; Defendant: Attorney General
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 107 of 2011
- Procedural Posture
- Civil Suit / Ruling on Unopposed Application for Order to Sign Land Transfer
- Outcome
- application allowed
- Legal Topics
- Transfer of Land, Administration of Estates, Specific Performance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emmy Lyavuli Kiggundu
Plaintiff
Chief Land Registrar
Defendant
Attorney General
Defendant
Procedural Posture
Civil Suit / Ruling on Unopposed Application for Order to Sign Land Transfer
Legal Issues
- 1 Whether the Chief Land Registrar should be ordered to sign a transfer on behalf of Fairfax Bell (deceased) for land parcel No. Sirwa/Wandu/1763/2.
- 2 Whether the plaintiff, as administrator of the estate of Joseph Adede Litu, is entitled to have the land transferred to her name.
Ratio Decidendi
The court found that the plaintiff, as the administrator of her late father's estate, had established her entitlement to the land based on a valid sale agreement and a confirmed grant of representation. The defendants failed to provide any credible opposition or substantive response to the application. In the absence of any challenge to the facts or the law, and to give effect to the intention of the parties to the sale agreement, the court exercised its discretion to order the Chief Land Registrar to sign the transfer on behalf of the deceased vendor, Fairfax Bell, and to issue a title deed in the plaintiff's name. The court also awarded costs in the cause.
Court Disposition
application allowed
Orders
- The Chief Land Registrar is ordered to sign a transfer on behalf of Fairfax Bell (deceased) in respect of land parcel No. Original L.R. No. 1763, subdivided into L.R. No. Sirwa/Nandi/1763/2, and issue a title deed in the name of Emmy Lyavuli Kiggundu.
- Costs in the cause.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
High Court at Kisumu
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EMMY LYAVULI KIGGUNDU...............................................................PLAINTIFF
VERSUS
CHIEF LAND REGISTRAR........................................................1ST DEFENDANT
ATTORNEY GENERAL.............................................................2ND DEFENDANT
R U L I N G
The plaintiff dated 15-6-2012 is not opposed. The same prays for an order that the Chief Land Registrar to sign a transfer on behalf of Fairfax Bell in relation to land parcel No. Sirwa/Wandu/1763/2.
The applicant Emmy Lyavuli Kiggundu is the administrator of the estate of her father the late Joseph Adede Litu. The deceased had purchased the 100 acres piece of land from one Fairfax Bell who left the country in 1971 and later died. There is a sale agreement dated 23-3-1971.
The deceased equally died on 23-9-1974 before having the land transferred to him.
The applicant sought and got a grant confirmed in respect to the said estate on 5-6-2009. The defendant did file a defence which in my opinion is a mere generalities. and denial. There is also a letter dated 28-3-2011 from the Attorney General office to the permanent secretary Ministry of Lands seeking further clarification in respect to the notice by the plaintiff. The same seemed to have not elicited any response.
Consequently, and in the absence of any credible response from the defence I do allow the application and order that:-
(a)The Chief Land Registrar do sign a transfer on behalf of Fairfax Bell (deceased) in respect of land parcel No. Original L.R. No. 1763 and sub divided into L.R. No. Sirwa/Nandi/1763/2 and issue title deed in the name of Emmy Lyavuli Kiggundu.
(b)Costs in the cause.
Dated, signed and delivered at Kisumu this 14th day of November 2012
H.K. CHEMITEI JUDGE
In the presence of:
N/A for the plaintiff
N/A for the defendant
HKC/va