[2018] KEHC 6155 (KLR)
The court found that the continued holding of the property by Charles Moturi Nyamiobo as sole administrator was no longer tenable, especially after one beneficiary renounced her claim and the remaining beneficiaries could not agree on demarcation. To ensure equitable distribution and resolve the dispute, the court...
Source-derived case information.
- Citation
- [2018] KEHC 6155 (KLR)
- Parties
- Applicant: Paul Mokebo Nyamiobo; Applicant: Wilkister Kwamboka Aima; Respondent: Charles Moturi Nyamiobo
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 261 of 2012
- Procedural Posture
- Succession Cause / Ruling on Applications for Rectification of Grant and Cancellation of Title
- Outcome
- grant revoked, fresh grant issued, property to be shared equally, title cancelled
- Judges
- DAS Majanja
- Legal Topics
- Succession of Estates, Grant Revocation, Land Demarcation, Trusteeship, Inheritance Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Paul Mokebo Nyamiobo
Applicant
Wilkister Kwamboka Aima
Applicant
Charles Moturi Nyamiobo
Respondent
Procedural Posture
Succession Cause / Ruling on Applications for Rectification of Grant and Cancellation of Title
Legal Issues
- 1 Whether the grant issued to Charles Moturi Nyamiobo should be revoked and a fresh grant issued to the rightful beneficiaries.
- 2 How the property MAJOGE/BOMBABA/7 should be demarcated and distributed among the beneficiaries.
- 3 Whether the title issued to Charles Moturi Nyamiobo should be cancelled.
Ratio Decidendi
The court found that the continued holding of the property by Charles Moturi Nyamiobo as sole administrator was no longer tenable, especially after one beneficiary renounced her claim and the remaining beneficiaries could not agree on demarcation. To ensure equitable distribution and resolve the dispute, the court revoked the previous grant, ordered a fresh grant to issue to the two remaining beneficiaries, and directed that the property be shared equally. The title previously issued to the respondent was cancelled to facilitate proper subdivision and registration in accordance with the confirmed grant. The court also provided for the involvement of the County Land Registrar and Surveyor...
Court Disposition
grant revoked, fresh grant issued, property to be shared equally, title cancelled
Orders
- The grant issued to Charles Moturi Nyamiobo and confirmed on 15th November 2013 is revoked.
- A fresh grant shall issue to CMN and PMN.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
SUCCESSION CAUSE NO. 261 OF 2012
IN THE MATTER OF THE ESTATE OF BONARERINYAMIOBO
AliasCECILIA BONARERI MOTURI (DECEASED)
BETWEEN
PAUL MOKEBO NYAMIOBO......................................1ST APPLICANT
WILKISTER KWAMBOKA AIMA.............................2ND APPLICANT
AND
CHARLES MOTURI NYAMIOBO..................................RESPONDENT
RULING
1. The estate subject of these proceedings is that of BONARERI NYAMIOBOaliasCECILIA BONARERI MOTURI of Kiango who died on 18th February 1975. For purposes of this application, the grant of letters of administration intestate was confirmed on 15th November 2013 as the property known as MAJOGE/BOMBABA/7 ordered to be held by CHARLES MOTURI NYAMIOBO in trust of the deceased’s three children CMN, WKA and PMN.
2. After confirmation of the grant, the matter stayed in abeyance until this year when P filed two applications. The first was the summons dated 8th February 2018 for rectification of grant and the second one a summons dated 24th April 2018 seeking cancellation of the title issued to Charles who was the administrator.
3. After hearing the parties it emerged that the only issue was how to demarcate the property as the parties were not agreed on how this should be done. In the meantime, Wilkister expressly renounced her claim to her inheritance and stated that the two brothers should share the property.
4. Having considered the contentions of the parties and with a view to resolving the matter, I now order as follows:-
(1) The grant issued to Charles Moturi Nyamiobo and confirmed on 15th November 2013 is hereby revoked.
(2) A fresh grant shall now issue to CMN and PMN.
(3) The grant is hereby confirmed on terms that both CMN and PMN shall share MAJOGE/BOMBABA/7 equally.
(4) For the avoidance of doubt, the title issued to Charles Moturi Nyamiobo is hereby cancelled and shall be delivered to the County Land Registrar within the next fourteen (14) days.
(5) The County Land Registrar and County Surveyor (or their appointed subordinates) shall proceed to the said property; MAJOGE/BOMBABA/7 and demarcate the same in accordance with the grant taking into account the land occupied by each beneficiary.
(6) Either party be at liberty to apply.
(7) The costs of the survey and sub-division shall be borne equally by the beneficiaries.
[Read and signed this 13th day of June 2018].
D.S MAJANJA
JUDGE