[2016] KEHC 2351 (KLR)
The court found that the land parcel Ngandori/Kirigi/8911, which the petitioners sought to have included in the confirmation of grant, is registered in the name of Njue Harun Samuel and not the deceased, Elvis Samuel Njue. As such, the property does not form part of the estate of the deceased. The court held that it...
Source-derived case information.
- Citation
- [2016] KEHC 2351 (KLR)
- Parties
- Applicant: Esther Wangechi Njue; Applicant: Eric Wilhelm Njue
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 231 of 2015
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- application dismissed
- Legal Topics
- Succession, Confirmation of Grant, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Wangechi Njue
Applicant
Eric Wilhelm Njue
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the land parcel Ngandori/Kirigi/8911 forms part of the estate of the deceased for purposes of confirmation of grant.
- 2 Whether the petitioners are entitled to confirmation of grant in respect of the subject property.
Ratio Decidendi
The court found that the land parcel Ngandori/Kirigi/8911, which the petitioners sought to have included in the confirmation of grant, is registered in the name of Njue Harun Samuel and not the deceased, Elvis Samuel Njue. As such, the property does not form part of the estate of the deceased. The court held that it cannot confirm a grant in respect of property that is not part of the deceased's estate, and therefore refused the application for confirmation of grant. The application was dismissed as the petitioners failed to establish that the subject property belonged to the deceased at the time of death.
Court Disposition
application dismissed
Orders
- The application for confirmation of grant is refused.
- No orders as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
SUCCESSION CAUSE NO. 231 OF 2015
IN THE MATTER OF THE ESTATE OF ELVIS SAMUEL NJUE (DECEASED)
ESTHER WANGECHI NJUE
ERIC WILHELM NJUE.....................................................PETITIONERS
RULING
1. This ruling is on the application of the petitioner/applicant in respect of summons for confirmation in terms of section 71 of the Law of Succession Act (Cap 60) Laws of Kenya. The petitioners have also sought for an order for provision of costs.
2. They have deponed to a joint affidavit dated 9th May 2016. In that affidavit, they have deponed that a grant of letters of administration of the estate was made to them on 12th October 2015. They have further deponed that there were three beneficiaries in respect of that estate namely the two petitioners and one Beth Emma Wangui Njue. They have also deponed that the estate that is sought to be inherited consists of land parcel No. Ngandori/Kirigi/8911. They have further deponed that there is no estate duty to be paid in respect of the said parcel of land.
3. Finally, they have deponed that 6 months have lapsed since they were granted letters of administration intestate in respect of the estate of the deceased.
4. According to the certificate of official search dated 16th October 2015, the registered owner of land parcel No. Ngandori/Kirigi/8911 is Njue Harun Samuel. The said registered owner is not the same person as the deceased herein namely Elvis Samuel Njue. In the circumstances, the application for confirmation of the grant is hereby refused, because the said parcel of land is not part of the estate of the deceased person herein. It should be borne in mind that courts do not issue orders in vain.
5. The application is hereby dismissed with no orders to costs.
RULING DELIVERED, DATED and SIGNED in open court at EMBU this 13th day of OCTOBER 2016.
In the presence of Mr. Ithiga holding brief for Mr. Gaturu for the petitioners
Court clerk Njue
J.M. BWONWONGA
JUDGE
13. 10. 16