[2019] KEHC 1728 (KLR)
The court found that the documentary evidence presented by both parties was contradictory and insufficient to make a conclusive determination regarding the ownership and status of the disputed property. In the interest of justice and to ensure a fair resolution, the court ordered the production of the full records...
Source-derived case information.
- Citation
- [2019] KEHC 1728 (KLR)
- Parties
- Applicant: Gregory Kagunya Njoroge; Respondent: Samuel Mburu Mungai; Respondent: George Kibathi Mungai
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 499 of 2006
- Procedural Posture
- Succession Cause / Interlocutory Ruling on Protest and Directions
- Outcome
- Further directions issued; matter adjourned for production of records.
- Judges
- A Ali-Aroni
- Legal Topics
- Succession of Estates, Land Transfer Disputes, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gregory Kagunya Njoroge
Applicant
Samuel Mburu Mungai
Respondent
George Kibathi Mungai
Respondent
Procedural Posture
Succession Cause / Interlocutory Ruling on Protest and Directions
Legal Issues
- 1 Whether the property L.R. No. Kiganjo/Kiamwangi/T.1130 forms part of the deceased's estate for distribution.
- 2 Whether the protestor Gregory Kagunya Njoroge has a valid claim to a portion of the estate based on alleged purchase and supporting documents.
- 3 Whether the conflicting documents regarding ownership and subdivision of the land can be reconciled without further evidence.
Ratio Decidendi
The court found that the documentary evidence presented by both parties was contradictory and insufficient to make a conclusive determination regarding the ownership and status of the disputed property. In the interest of justice and to ensure a fair resolution, the court ordered the production of the full records from the Land Registrar Kiambu and the Land Control Board Gatundu concerning both L.R. No. Kiganjo/Kiamwangi/953 and T.1130. The court held that no reasonable decision could be made without this further evidence, and thus deferred substantive determination until the necessary records are produced and examined.
Court Disposition
Further directions issued; matter adjourned for production of records.
Orders
- The Land Registrar Kiambu to produce the entire record of L.R. No. Kiganjo/Kiamwangi/953 before the court.
- The Land Registrar Kiambu to produce the entire record of L.R. No. Kiganjo/Kiamwangi/T.1130 before the court.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
(FAMILY DIVISION)
SUCCESSION CAUSE NO 499 OF 2006
IN THE MATTER OF THE ESTATE OF FRANICS MUNGAI MUCHINA (DECEASED)
GREGORY KAGUNYA NJOROGE……….…………………PROTESTOR
VERSUS
SAMUEL MBURU MUNGAI
GEORGE KIBATHI MUNGAI……….……PETITIONER/APPLICANTS
RULING
1. The deceased herein Francis Mungai Muchina died in Kiambu on the 16th of November 1988 and on the 15th of May 2012 Samuel Mburu Mungai and George Kibathi Mungai sons of the deceased took out grant of representation.
2. Prior to the filing of the petition for grant of letters of administration the Objector Gregory Kagunya Njoroge had cited 4 sons of the deceased who included the administrators herein claiming a portion of the estate being Kinganjo/Kiamwangi T.1130. With his citation forming part of the court proceedings he filed:
i. A land transfer duly executed and dated 27th January 1988.
ii. A land control board consent dated 28th January 1988 giving the sale price as Kshs.40,000/=
iii. A letter from the Chief Land Registrar’s office Ministry of Lands and Settlement dated 10th June, 2004.
3. In an affidavit dated 4th March 2019 was annexed the register of the Land Control Board which indicate that on the 28th of January 1988 the board consented to the deceased transferring his title number Kiganjo/Kiamwangi/T.1130 to Gregory Kagunya Njoroge.
4. The protestor’s case is that property L.R. No. Kiganjo/Kiamwangi/953 was subdivided to give rise to T.1130 which measures 80x100 which he bought at Kshs.40,000/= and he does not claim the entire parcel of land.
5. The case for the Respondents as prescribed by one of the administrators George Kibathi Mungai is that the land is L.R. Kiganjo/Kiamwangi/953 and not L.R. No. Kiamwangi T.1130 and secondly, he is not aware that his father had sold a portion thereof. He produced in evidence search certificate for L.R. No. Kiganjo/Kiamwangi/953 dated 11th January 2019 in the name of Mungai Muchina and a green card of the same date.
6. Before court are documents produced by third parties all on the face of it appear valid, though the same gave contradictory information.
7. In order for this court to dispense with justice it will require further information from the Land Control Board and the Lands office Kiambu, as no reasonable decision can be arrived at with the conflicting documents on record.
8. Consequently, I direct and order as follows:
a. The Land Registrar Kiambu do produce before this court the entire record of L.R. No. Kiganjo/Kiamwangi/953.
b. The Land Registrar Kiambu do produce before this court the entire record of L.R. No. Kiganjo/Kiamwangi/T.1130, and
c. The Land Control Board Gatundu do produce records if any of any subdivision on L.R. No./Kiganjo/Kiamwangi/953.
9. Further hearing of the matter to be on a date to be agreed upon.
Dated and Delivered in Nairobi on this 21st day of NOVEMBER 2019.
…………………………………….
ALI-ARONI
JUDGE