[2017] KEHC 2878 (KLR)
The court found that the applicant is entitled to the suit property Ngong/Ngong/14610 as per the rectified confirmed grant of 19th December, 2011. The administrator's failure to distribute the property and the rental to a third party did not override the applicant's beneficial interest. The absence of any response...
Source-derived case information.
- Citation
- [2017] KEHC 2878 (KLR)
- Parties
- Applicant: Hellen Silvia Wanjiku; Respondent: Teresia Wanjiru Migichi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 3643 of 2003
- Procedural Posture
- Succession Cause / Ruling on Application for Enforcement of Confirmed Grant
- Outcome
- application granted in terms of prayer 1
- Judges
- MW Muigai
- Legal Topics
- Succession, Grant Confirmation, Estate Distribution, Beneficial Interest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hellen Silvia Wanjiku
Applicant
Teresia Wanjiru Migichi
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Enforcement of Confirmed Grant
Legal Issues
- 1 Whether the applicant is entitled to Ngong/Ngong/14610 as part of her grandfather's estate.
- 2 Whether the administrator's rental of the property to a third party contravenes the applicant's rights as a beneficiary.
- 3 Whether the applicant is entitled to access, use, and development of the suit property.
Ratio Decidendi
The court found that the applicant is entitled to the suit property Ngong/Ngong/14610 as per the rectified confirmed grant of 19th December, 2011. The administrator's failure to distribute the property and the rental to a third party did not override the applicant's beneficial interest. The absence of any response or opposition from the respondent further supported the applicant's claim. The court ordered the Deputy Registrar to sign all necessary forms for subdivision and granted the applicant full access, use, and development rights over the property, with police supervision to ensure compliance.
Court Disposition
application granted in terms of prayer 1
Orders
- The Deputy Registrar Family Division shall sign all necessary forms to cause the land subdivided in accordance with the rectified confirmed grant of 19th December, 2011.
- The applicant shall exercise her beneficial interest over suit property Ngong/Ngong/14610 as granddaughter of the deceased through her mother Mary Wanjiku daughter of the deceased.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
FAMILY DIVISION
SUCCESSION CAUSE NO. 3643 OF 2003
IN THE MATTER OF THE ESTATE OF JOSEPH MIGICHI KAREGWA
AND
HELLEN SILVIA WANJIKU.....................................APPLICANT
VERSUS
TERESIA WANJIRU MIGICHI............................RESPONDENT
RULING
The Applicant’s application filed on 14th August, 2017 confirms that pursuant to the confirmed grant of 2009 by Hon. Judge Rawal rectified on 19th December, 2011 the Applicant Helen Silvia Wanjiku is entitled to Ngong/Ngong 14610 as part of her grandfather’s estate. The Applicant is apprehensive of the disposal of the said suit property. Currently the administrator of the deceased’s estate, widow of the deceased Teresia Wanjiru Migichi has rented out the said parcel of land to a 3rd party and the property is not used by herself or any beneficiary of the estate.
The Respondent was served and there is the affidavit of service filed on 18th September, 2017 where the Respondent was served at Limuru Mutonyora Village, Njambini junction, Nyandarua County.
In the absence of attendance by the Respondent or her representative or any explanation or circumstances by the Respondent or any pleadings filed to controvert the application by the Applicant.
This Court grants the Applicant’s application in terms of the prayer 1.
After the confirmation of grant the distribution ought to take place 6 months after the matter, under Section 55 of Law of Succession Act. The grant was confirmed in 2011.
1. The Deputy Registrar Family Division shall sign all necessary forms to cause the land subdivided in accordance with the rectified confirmed grant of 19th December, 2011.
2. The Applicant shall exercise her beneficial interest over suit property Ngong/Ngong/14610 as granddaughter of the deceased through her mother Mary Wanjiku daughter of the deceased.
3. The Applicant is entitled to free access use and development of the suit property Ngong/Ngong/14610.
4. The Ngong Police shall supervise the Applicant access use and development of the suit property.
It is so ordered.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT NAIROBI THIS 2ND DAY OF OCTOBER, 2017.
M.W. MUIGAI
JUDGE