[2021] KEHC 13038 (KLR)
The court found that the respondent, Gabriel Githu Muhoho, is not the legal representative of his late father Anthony's estate, as no grant of letters of administration has been issued in respect of Anthony's estate. Therefore, the respondent has no legal authority or obligation to transfer the land in question to...
Source-derived case information.
- Citation
- [2021] KEHC 13038 (KLR)
- Parties
- Applicant: Raphael Mbucho Muhia; Respondent: Gabriel Githu Muhoho
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1109 of 2006
- Procedural Posture
- Succession Cause / Ruling on Application for Transfer of Land
- Outcome
- application dismissed with costs
- Judges
- AO Muchelule
- Legal Topics
- Intestate Succession, Letters of Administration, Land Transfer, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raphael Mbucho Muhia
Applicant
Gabriel Githu Muhoho
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Transfer of Land
Legal Issues
- 1 Whether the applicant is entitled to an order directing the Deputy Registrar to execute documents to transfer 2 acres from LR No. Kiganjo/Nembu/1157 to him.
- 2 Whether the respondent has legal authority or obligation to effect the transfer of land to the applicant.
Ratio Decidendi
The court found that the respondent, Gabriel Githu Muhoho, is not the legal representative of his late father Anthony's estate, as no grant of letters of administration has been issued in respect of Anthony's estate. Therefore, the respondent has no legal authority or obligation to transfer the land in question to the applicant. Furthermore, the original estate of Githu Muhoho has not been fully administered or subdivided, and only the surviving administrator, if alive, can complete the administration and effect the transfer. The application was thus found to be incompetent and misconceived, as the necessary legal procedures and authority for transfer had not been established.
Court Disposition
application dismissed with costs
Orders
- The application is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
SUCCESSION CAUSE NO. 1109 OF 2006
IN THE MATTER OF THE ESTATE OF GITHU MUHOHO (DECEASED)
RAPHAEL MBUCHO MUHIA......................................................APPLICANT
VERSUS
GABRIEL GITHU MUHOHO..................................................RESPONDENT
RULING
1. The deceased Githu Muhoho died intestate on 9th November 1995. He left a widow Beatrice Wanjiku Githu and eight children who included Anthony Muhoho Githu. His estate comprised LR No. Kiganjo/Nembu/1157. Beatrice and Anthony petitioned for the grant of letters of administration intestate. The grant was issued to them on 6th August 2006, and confirmed on 12th March 2007. Anthony got 4. 19 acres of the deceased’s parcel.
2. It does appear not disputed that, somewhere along the line, the applicant Raphael Mbucho Muhoho bought 2 acres of the 4. 19 acres from Anthony. When Anthony failed to transfer the 2 acres to the applicant, the applicant filed Gatundu SRMCC No. 317 of 2010 against him on 4th April 2012. A consent was recorded in which Anthony was to transfer the two acres to the applicant. At the time LR No. Kiganjo/Nembu/1157 from which the 2 acres were to be excised was still in the name of the deceased.
3. Anthony died on 5th May 2014. He left a son Gabriel Githu Muhoho (the respondent). Succession proceedings have not been filed following the death of Anthony. The respondent is therefore not the legal representative of the estate of his late father.
4. The present application by the applicant seeks to have the court direct the Deputy Registrar of this Court to execute all documents to effect the transfer of 2 acres from LR No. Kiganjo/Nembu/1157 to him. He stated that the respondent has refused to sign the relevant documents to effect the transfer to him. The application was served but did not receive any response.
5. The respondent does not have any legal obligation to transfer any land to the applicant. There was no land transaction between the two. The transaction was between the applicant and the respondent’s late father, Anthony. The respondent has no grant of letters of administration in respect of the estate of his father, and cannot therefore legally deal with the applicant over the said land transaction.
6. Secondly, it would appear that, despite there being a certificate of confirmation distributing the estate of the deceased, land parcel LR No. Kiganjo/Nembu/1157 has not been subdivided to the respective beneficiaries. I do not know whether Beatrice Wanjiku Githu is still alive. If she is, she is the only one who can complete the administration of the estate of the deceased. It is upon that completion that the applicant can benefit from what is due to Antony.
7. I find the application incompetent and misconceived, and dismiss it with costs.
DATED and DELIVERED at NAIROBI this 7TH day of JUNE 2021.
A.O. MUCHELULE
JUDGE