[2019] KEHC 3335 (KLR)
The court found that the registration of the three parcels of land solely in the name of the administrator, Esther Ngunya Kwinga, was an error that occurred during the transmission process at the Lands Registry. This error resulted in the issuance of title deeds that did not reflect the distribution as set out in...
Source-derived case information.
- Citation
- [2019] KEHC 3335 (KLR)
- Parties
- Petitioner: Esther Ngunya
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 267 of 2017
- Procedural Posture
- Probate and Administration / Ruling on Rectification of Confirmed Grant and Land Registration Error
- Outcome
- Application allowed. Orders granted for rectification and revocation of erroneous title deeds.
- Legal Topics
- Succession, Grant Confirmation, Rectification of Grant, Land Distribution, Administration of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Ngunya
Petitioner
Procedural Posture
Probate and Administration / Ruling on Rectification of Confirmed Grant and Land Registration Error
Legal Issues
- 1 Whether the erroneous registration of the three parcels of land in the sole name of the administrator instead of the beneficiaries as per the confirmed grant should be rectified.
- 2 Whether the title deeds issued in error should be revoked and fresh ones issued in accordance with the amended certificate of confirmation of grant.
Ratio Decidendi
The court found that the registration of the three parcels of land solely in the name of the administrator, Esther Ngunya Kwinga, was an error that occurred during the transmission process at the Lands Registry. This error resulted in the issuance of title deeds that did not reflect the distribution as set out in the confirmed grant. The court held that it is empowered to rectify such errors to ensure that the estate is distributed in accordance with the law and the confirmed grant. Consequently, the court ordered the revocation of the erroneously issued title deeds and directed the Land Registrar to issue fresh title deeds in accordance with the amended certificate of confirmation of...
Court Disposition
Application allowed. Orders granted for rectification and revocation of erroneous title deeds.
Orders
- Title deeds issued in the name of Esther Ngunya Kwinga for parcels Makueni/Unoa/208, Makueni/Kako/541, and Makueni/Kako/831 are revoked and to be returned to the Land Registrar Makueni.
- Fresh title deeds for the said parcels to be issued in accordance with the amended certificate of confirmation of grant issued on 24th September, 2019.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HC. P&A NO. 267 OF 2017
FORMERLY MACHAKOS SUCCESSION CAUSE NO. 423 OF 2015
IN THE MATTER OF THE ESTATE OF FRANK JOSEPH MUTUNE KWINGAaliasFRANK J.M. KWINGA AliasFRANK K. MUTUNE Alias FRANK J. MUTUNE AliasF.J.M KWINGA AliasJOSEPH FRANCIS MUTUNE (DECEASED)
ESTHER NGUNYA................................PETITIONER
RULING
1. From the confirmed grant issued by this court on 24th September, 2019:
i. Makueni/Unoa/208 is to be inherited equally by:
i. Esther Ngunya Kwinga
ii. Jane Kavila Mutune Kwinga
iii. Nancy Waeni Mutune Kwinga
iv. Michael Wambua Mutune Kwinga
v. John Kavila Mutune Kwinga
ii. Makueni/Kako/541 goes to: -
(i) Esther Ngunya Kwinga
(ii) Jane Ndaisi Kwinga
(iii) John Kavila Mutune Kwinga
(iv) Michael Wambua Mutune Kwinga
In equal shares.
iii. Makueni/Kako/831 goes to: -
(i) Jane Ndaisi Kwinga
(ii) Nancy Waeni Mutune Kwinga
In equal shares.
2. The application dated 23/09/2019, grounds and supporting affidavit show that an error occurred during the transmission to the various beneficiaries at the Lands Registry Makueni. As
a result, the three parcels of land were erroneously registered in the sole names of Esther Ngunya Kwinga (GG1a – 1c) the administrator. Tittle deeds were also issued.
3. I am satisfied that this was an error which must be rectified. As a result, I issue the following orders: -
(i)Title deeds issued in the names of Esther Ngunya Kwinga in respect to parcels No. Makueni/Unoa/208; Makueni/Kako/541 and Makueni/Kako/831 are hereby revoked. The same to be returned to the Land Registrar Makueni.
4. Fresh title deeds in respect to the said parcels of land be issued according to the amended certificate of confirmation of a grant issued by this court on 24th September, 2019
Delivered, Signed and Dated this 29th Day of October, 2019 in Open Court at Makueni.
........................
H. I Ong’udi
Judge
Read out to the parties in open court in the presence of: -