[2016] KEHC 3551 (KLR)
The court found that the respondent, as a co-administrator, had refused to implement the confirmed grant by failing to sign the required transmission documents for the distribution of the estate's land. The application was unopposed and the affidavit evidence was found credible. In the interests of justice and to...
Source-derived case information.
- Citation
- [2016] KEHC 3551 (KLR)
- Parties
- Applicant: Eunice Kanyiva Misheck; Applicant: Nancy Ramwa Nyaga; Respondent: Edith Wanjovi
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 492 of 2012
- Procedural Posture
- Succession Cause / Ruling on Application for Execution of Transmission Documents
- Outcome
- application granted
- Legal Topics
- Administration of Estates, Grant Confirmation, Transmission of Land, Co Administrator Duties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eunice Kanyiva Misheck
Applicant
Nancy Ramwa Nyaga
Applicant
Edith Wanjovi
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Execution of Transmission Documents
Legal Issues
- 1 Whether the Deputy Registrar should be directed to sign transmission documents in place of a co-administrator who refuses to execute them.
- 2 Whether the refusal by a co-administrator to sign transmission documents justifies court intervention.
Ratio Decidendi
The court found that the respondent, as a co-administrator, had refused to implement the confirmed grant by failing to sign the required transmission documents for the distribution of the estate's land. The application was unopposed and the affidavit evidence was found credible. In the interests of justice and to facilitate the administration of the estate in accordance with the confirmed grant, the court granted the application, authorizing the Deputy Registrar to sign all necessary transmission documents in place of the respondent. No order as to costs was made, considering the parties are family members.
Court Disposition
application granted
Orders
- The Deputy Registrar is authorized to sign all transmission documents in place of Edith Wanjovi to enable distribution of land parcel No. Ngandori/Kirigi/6105 as per the confirmed grant.
- No order as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
SUCCESSION CAUSE NO. 492 OF 2012
IN THE MATTER OF THE ESTATE OF ABISHAG IRIMA IRERI (DECEASED)
EUNICE KANYIVA MISHECK
NANCY RAMWA NYAGA.........................................PROTESTORS/APPLICANTS
VERSUS
EDITH WANJOVI........................................................PETITIONER/RESPONDENT
RULING
1. The applicants who are the administrators of the estate of the deceased have sought an order from this court to direct the Deputy Registrar of this court to sign all transmission documents in place of Edith Wanjovi, who has refused to execute the transmission documents to enable distribution of the parcel of land No. Ngandori/Kirigi/6105 in accordance with the confirmed grant issued on 29th February 2016. They also seek an order providing for costs in this matter. It should be noted that the protestors were appointed co-administrators of the estate of the deceased along with the petitioner/respondent on 7th October 2015 by this court.
2. The application is supported by their supporting affidavit dated 10th May 2016. They have deponed in the affidavit that the respondent/co-administrator is their sister and that the grant was confirmed on 18th February 2016. This parcel of land was awarded to them jointly. They have further deponed that the respondent in her capacity as a co-administrator has refused to sign all the required documents to facilitate the transmission of the suit land. Finally, they have deponed that an order of the court is necessary to direct the Deputy Registrar to execute the necessary transmission documents to enable the distribution of land parcel No. Ngandori/Kirigi/6105 as ordered by the court and that it is only fair that the same be granted.
3. have considered the affidavit evidence and I find that it is not opposed. I find it credible. I further find that the respondent/co-administrator has refused to implement the confirmed grant.
4. In the circumstances, I grant the application in terms of prayer 1 of the summons general dated 10th May 2016 with no orders to costs as the parties are members of the same family.
RULING DATED, SIGNEDand DELIVERED in open court at EMBU this 6thday of JULY 2016
In the presence of both protestors and in the absence of the petitioner/respondent
Court clerk Njue
J.M. BWONWONGA
JUDGE
06. 07. 16