[2020] KEHC 307 (KLR)
The court found that the respondent, as administrator, had frustrated the execution of the grant by refusing to sign and produce the necessary documents for the sub-division, transfer, and registration of the estate's parcels of land. The application was unopposed, and the court determined that it was in the...
Source-derived case information.
- Citation
- [2020] KEHC 307 (KLR)
- Parties
- Applicant: Chiengo Gathimba; Respondent: Mugo Mwaritha Kathimba
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 86 of 2012
- Procedural Posture
- Succession Cause / Ruling on Application for Execution of Grant
- Outcome
- application allowed as prayed
- Judges
- LW Gitari
- Legal Topics
- Administration of Estates, Execution of Grant, Powers of Court in Succession, Role of Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chiengo Gathimba
Applicant
Mugo Mwaritha Kathimba
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Execution of Grant
Legal Issues
- 1 Whether the court should allow execution of the grant where the administrator has refused to sign and produce necessary documents.
- 2 Whether the Executive Officer can be authorized to sign documents on behalf of the administrator and the Land Registrar can dispense with the original title.
Ratio Decidendi
The court found that the respondent, as administrator, had frustrated the execution of the grant by refusing to sign and produce the necessary documents for the sub-division, transfer, and registration of the estate's parcels of land. The application was unopposed, and the court determined that it was in the interest of justice to allow the execution of the grant so that the beneficiaries could receive their shares. The court relied on its jurisdiction under Section 47 of the Law of Succession Act and its inherent powers under Rule 73 of the Probate and Administration Rules to grant the orders sought by the applicant, including authorizing the Executive Officer to sign documents on behalf...
Court Disposition
application allowed as prayed
Orders
- The application dated 7/3/19 is allowed as prayed.
- The Executive Officer is authorized to sign the necessary documents on behalf of the administrator.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERUGOYA
SUCCESSION CAUSE NO. 86 OF 2012
IN THE MATTER OF THE ESTATE OF GATHIMBA MWARITHA.......DECEASED
CHIENGO GATHIMBA...........................................................................APPLICANT
VERSUS
MUGO MWARITHA KATHIMBA.....................................................RESPONDENT
RULING
1. I have considered the application dated 7/3/19. The respondent was severally served with the application and hearing notice. He has not filed any replying affidavit nor has he attended court. The application seeks to execute the grant but the respondent has failed to avail the titles, and other documents to facilitate the sub-division, transfer and registration of the parcels of land.
2. In the alternative he prays that the Executive Officer to sign the documents on behalf of the administrator and the Land Registrar to dispense with the production of the original title.
3. I find that the application is not opposed. Section 47 of Law of Succession Act gives court jurisdiction to entertain any application and determine any dispute while Rule 73 Probate and Administration Rules provides:-
“Nothing in these rules shall limit or otherwise affect the inherent powers of the court to make such orders as may be necessary for the ends of justice or prevent abuse.”
4. The respondent is the administrator of the estate and has frustrated efforts to have the grant executed by refusing to sign the necessary document and produce original documents. It is in the interest of justice that the grant be executed and the
beneficiaries get their shares. Nothing prevents this court from making the orders which the applicant is seeking in the application. I therefore allow the application as prayed.
Dated at Kerugoya this 27th Day of February 2020.
L. W. GITARI
JUDGE