[2024] KEHC 11114 (KLR)
The court found that the co-administrator, Andrew Loue Nangurai, had frustrated the completion of the estate administration by refusing to cooperate in the transfer of the specified land parcels. The court noted that all requirements had been met by the applicant and that the properties in question were in line with...
Source-derived case information.
- Citation
- [2024] KEHC 11114 (KLR)
- Parties
- Applicant: John P Nangurai; Respondent: Ruth Hellen Sempeyo Nangurai; Respondent: Andrew Loue Nangurai; Respondent: George M Nangurai
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 207 of 2009
- Procedural Posture
- Succession Cause / Ruling on Application to Dispense With Title Deeds, Land Control Board Consent, and Co Administrator Signature
- Outcome
- Application allowed in terms of prayers (c), (d), and (e). Costs to the applicant.
- Judges
- HK Chemitei
- Legal Topics
- Administration of Estates, Grant Confirmation, Land Transfer, Co Administrator Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John P Nangurai
Applicant
Ruth Hellen Sempeyo Nangurai
Respondent
Andrew Loue Nangurai
Respondent
George M Nangurai
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Dispense With Title Deeds, Land Control Board Consent, and Co Administrator Signature
Legal Issues
- 1 Whether the court should dispense with the production of original title deeds for specified parcels of land in the execution of the confirmed grant.
- 2 Whether the court should dispense with the consent of the Land Control Board in the execution of the confirmed grant.
- 3 Whether the court should dispense with the signature of a co-administrator who has refused to cooperate in the administration of the estate.
Ratio Decidendi
The court found that the co-administrator, Andrew Loue Nangurai, had frustrated the completion of the estate administration by refusing to cooperate in the transfer of the specified land parcels. The court noted that all requirements had been met by the applicant and that the properties in question were in line with the mutation forms, deed of agreement, and rectified grant. In the absence of opposition and in exercise of its inherent powers, the court held that it was just and necessary to allow the application to prevent further delay and ensure the beneficiaries received their inheritance. The court therefore dispensed with the need for the original title deeds, the consent of the Land...
Court Disposition
Application allowed in terms of prayers (c), (d), and (e). Costs to the applicant.
Orders
- The Land Registrar, Ngong, is directed to dispense with production of original Title Deeds for parcels Ngong/Ngong/49207, 49208, 49209, 49210, 49442, 56557, 56558 and 274.
- The Land Registrar, Ngong, is directed to dispense with the consent of the Land Control Board in execution of the confirmed grant.
Full Case Text
Judgment text and source record
30 paragraphs
In re Estate of Harry Louis Nangurai (Deceased) (Succession Cause 207 of 2009) [2024] KEHC 11114 (KLR) (Family) (19 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11114 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 207 of 2009
HK Chemitei, J
September 19, 2024
IN THE MATTER OF THE ESTATE OF HARRY LOUIS NANGURAI (DECEASED
Between
John P Nangurai
Co- Administrator
and
Ruth Hellen Sempeyo Nangurai
1st Respondent
Andrew Loue Nangurai
2nd Respondent
George M Nangurai
3rd Respondent
Ruling
1. This ruling relates to the application dated 8th March, 2023 filed by the Applicant, John P. Nangurai seeking for Orders that:-(a)Spent.(b)Spent.(c)This honourable court be pleased to grant an order directing the Land Registrar, Ngong, to dispense with production of original Title Deeds for the parcels of land known as Ngong/Ngong/49207, 49208, 49209, 49210, 49442, 56557, 56558 and 274. (d)This honourable court be pleased to grant an order directing the Land Registrar, Ngong, to dispense with the consent of the Land Control Board in the execution of the terms of the confirmed grant.(e)This honourable court be pleased to grant an order directing the Land Registrar, Ngong, to dispense with the signature of Mr. Andrew Loue Nangurai a co–administrator in the execution of the terms of the confirmed grant.(f)Costs of this application be in the cause.
2. The application is supported by affidavit sworn by John P. Nangurai on 8th May, 2023. He avers inter alia that they have complied with all the requirements related to the transfer of land parcel number Ngong/Ngong/289 but Andrew Loue Nangurai, co–administrator, and his advocate on record, have refused to co–operate in the process thus stalling everything.
3. The application is not opposed.
4. It appears from the record that the 2nd Respondent who is also a co administrator of the estate has frustrated all the efforts to complete the process. There is avalanches of correspondences to that effect.
5. His counsels on record have not aided the matter. At least they should have responded to the various correspondences by their counterparts or at least return the mutation forms if their client had failed and or refused to execute.
6. Nonetheless since the properties mentioned herein are in line with the mutation forms and the deed of agreement agreed by the parties and thereafter in the rectified grant there is no reason to deny the applicant and by extension all the other beneficiaries their right to get their inheritance.
7. In the premises and in view of the fact that the second respondent though a joint administrator with the applicants has refused to act in furtherance of the grant issued to them, this court shall exercise its inherent powers. The estate ought to be brought to a foreclosure.
8. In the premises the application herein is allowed in terms of prayers (c), (d) and, (e) thereof.
9. The applicant shall have the costs of this application.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 19TH DAY OF SEPTEMBER 2024. H K CHEMITEIJUDGE