[2017] KEHC 428 (KLR)
The court found that the transfer of the estate property to third parties during the pendency of the summons for revocation of grant was improper and amounted to bad faith, regardless of any explanation the respondent might offer. The court emphasized its inherent jurisdiction to intervene and preserve the subject...
Source-derived case information.
- Citation
- [2017] KEHC 428 (KLR)
- Parties
- Applicant: Juma Njogu Halima; Respondent: William Wamicha Nguya
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 466 of 2009
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation of Grant (interlocutory)
- Outcome
- Application allowed; urgent orders granted to preserve the estate property.
- Judges
- NA Matheka
- Legal Topics
- Revocation of Grant, Estate Administration, Transfer of Land, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Juma Njogu Halima
Applicant
William Wamicha Nguya
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant (interlocutory)
Legal Issues
- 1 Whether the transfer of parcel Konyu/Ichuga/753 to third parties during the pendency of the summons for revocation of grant was lawful.
- 2 Whether the court should exercise its inherent powers to reverse the transfer and preserve the estate pending determination of the application.
Ratio Decidendi
The court found that the transfer of the estate property to third parties during the pendency of the summons for revocation of grant was improper and amounted to bad faith, regardless of any explanation the respondent might offer. The court emphasized its inherent jurisdiction to intervene and preserve the subject matter of the dispute to ensure justice is served and to prevent abuse of the court process. Accordingly, the court ordered the cancellation of the transfers and restoration of the property to the original registered proprietor pending the determination of the application.
Court Disposition
Application allowed; urgent orders granted to preserve the estate property.
Orders
- Application certified as urgent.
- Names of Lucy Wanjiru Chege, Allan Wang’ombe Munyi, and Kevin Chege Munyi to be cancelled from the register of parcel No. Konyu/Ichuga/753; Land Registrar Nyeri to revert registration to the original proprietor until determination of the matter.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
HIGH COURT SUCCESSION CAUSE NO. 466 OF 2009
IN THE MATTER OF THE ESTATE OF HALIMA BINTI JUMA alias WAMBAIYA GITHINJI (DECEASED)
JUMA NJOGU HALIMA………………………..………….….APPLICANT
V E R S U S
WILLIAM WAMICHA NGUYA ……………………...........RESPONDENT
R U L I N G
5/12/17
Before T. Matheka, J
Court Assistant- Harriet
In chambers:
There is on record a Summons for Revocation of Grant dated 9th June 2012, filed by Juma Njogu Halima, and the named respondent is one William Wamicha Nguya. The issue is the estate of the late Halima Binti Juma alias Wambaiya Githinji , Parcel No. Konyu/Ichuga/753.
It is backdrop that this application has been placed before me under certificate of urgency supported by the affidavit of Juma Njogu Halima sworn on 4/12/17.
One of the annexures, a certificate of search dated 31st October, 2017 shows that Konyu/Ichuga/753 has been transferred to the following persons: -
· Lucy Wanjiru Chege
· Allan Wang’ombe Munyi,
· Kevin Chege Munyi.
The said transfer was made through an entry made on 26th February, 2016, clearly during the pendency of this matter. It is not that the respondent was not aware of the Summons for Revocation of Grant, at some point he even had counsel on record who appeared on 8th March, 2016, and complained of late service to him.
To now proceed and transfer the property to third parties while that application has not been disposed of, or compromised, is to act in bad faith, whatever the explanation the respondent might have; and is not in furtherance of the ends of justice.
The court is endowed with inherent powers under rule 73 of the Probate & Administration Rules to make orders that will ensure the ends of justice are met and prevent abuse of the court process.
I am persuaded that the application is urgent and allow it in the following terms:
1) It is certified as urgent
2) The names of LUCY WANJIRU CHEGE, ALLAN WANG’OMBE MUNYIandKEVIN CHEGE MUNYI be cancelled from the Register of parcel No. KONYU/ICHUGA/753 and the Land Registrar Nyeri is hereby ordered to revert the registration to the original registered proprietor until the determination of this matter.
3) The application be served on the respondent.
4) A Hearing date be fixed in the registry
5) Costs in the cause.
Dated this 5th December 2017
TERESIA MATHEKA
JUDGE
5TH December, 2017