[2015] KEHC 3756 (KLR)
The court found that the respondents, having been duly served, failed to sign the necessary instruments or provide the required documents to effectuate the confirmed grant, and did not offer any reason for their non-cooperation. In order to prevent frustration of the administration and distribution of the estate,...
Source-derived case information.
- Citation
- [2015] KEHC 3756 (KLR)
- Parties
- Applicant: Faith Wanjiru; Respondent: James Kamau Watheri; Respondent: Patrick Kariuki Watheri
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 288 of 2013
- Procedural Posture
- Succession Application / Ruling on Post Confirmation Summons
- Outcome
- application allowed
- Judges
- DW Mbuteti
- Legal Topics
- Administration of Estates, Confirmation of Grant, Distribution of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Faith Wanjiru
Applicant
James Kamau Watheri
Respondent
Patrick Kariuki Watheri
Respondent
Procedural Posture
Succession Application / Ruling on Post Confirmation Summons
Legal Issues
- 1 Whether the Deputy Registrar should be authorized to sign documents on behalf of the respondents to effect the confirmed grant.
- 2 Whether the Land Registrar should be authorized to dispense with the respondents' passport photographs and PIN certificates during registration.
Ratio Decidendi
The court found that the respondents, having been duly served, failed to sign the necessary instruments or provide the required documents to effectuate the confirmed grant, and did not offer any reason for their non-cooperation. In order to prevent frustration of the administration and distribution of the estate, the court exercised its discretion to authorize the Deputy Registrar to sign all necessary documents on behalf of the respondents and to allow the Land Registrar to dispense with the production of the respondents' passport photographs and PIN certificates. The application was therefore allowed as prayed, with no order as to costs.
Court Disposition
application allowed
Orders
- The Deputy Registrar is authorized to sign all necessary documents on behalf of James Kamau Watheri and Patrick Kariuki Watheri to give effect to the confirmed grant.
- The Land Registrar, Murang'a, is authorized to dispense with production of passport size photographs and PIN certificates of the respondents during registration of the necessary instruments to give effect to the confirmed grant.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
SUCCESSION CASE NO 288 OF 2013
IN THE MATTER OF THE ESTATE OF WATHERI NJUGUNA, DECEASED
FAITH WANJIRU…………………………..…………..……APPLICANT
VERSUS
1 JAMES KAMAU WATHERI
2 PATRICK KARIUKI WATHERI………........……RESPONDENTS
R U L I N G
1. On 16/12/2013 this court (Ngaah, J) confirmed the grant of letters of administration intestate issued to Faith Wanjiru on 03/12/2012 and directed that the estate of the Deceased herein comprising land parcel numbers LOC 8/GATUYA/891 and LOC 8/GATUYA/893, be shared equally among FAITH WANJIRU, JAMES KAMAU WATHERIandPATRICK KARIUKI WATHERI.
2. The Administrator Faith Wanjiru subsequently applied by summons dated 23/04/2014 seeking two main orders –
(i) That the Deputy Registrar of this court be authorized to sign all necessary documents on behalf of the Respondents JAMES KAMAU WATHERI and PATRICK KARIUKI WATHERI in order to give effect to the confirmed grant.
(ii) That the Land Registrar, Murang’a be authorised to dispense with production of passport size photographs and PIN certificates of the said Respondents during registration of the necessary instruments (RL 7 and RL 8) to give effect to the confirmed grant herein.
3. The Respondents were served with the application and hearing notice. They neither filed replying affidavit nor attended hearing of the application.
4. I have read the affidavit sworn in support of the application. I am satisfied that the Respondents have failed to sign the necessary instruments or produce the necessary documents in order to give effect to the confirmed grant herein, without offering any reason for such failure.
5. In the circumstances I will allow the application as prayed with no order as to costs. It is so ordered.
DATED, SIGNED AT MURANG’A THIS 9TH DAY OF JULY 2015
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 10TH DAY OF JULY 2015