[2020] KEHC 10138 (KLR)
The court found that the administrator had satisfactorily addressed the concerns raised by the respondent regarding the property in question. Since the grant of representation remained confirmed and there were no outstanding objections, the restriction placed on Title No. Gilgil/Karunga Block 2 Nuthu A 37 was no...
Source-derived case information.
- Citation
- [2020] KEHC 10138 (KLR)
- Parties
- Applicant: Denham Thiongo Wainaina; Respondent: Francis Kahuho Wainaina
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2647 of 1997
- Procedural Posture
- Succession Cause / Ruling on Application for Removal of Restriction
- Outcome
- Application for removal of restriction allowed.
- Judges
- A Ali-Aroni
- Legal Topics
- Succession, Removal of Restriction, Confirmed Grant, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Denham Thiongo Wainaina
Applicant
Francis Kahuho Wainaina
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Removal of Restriction
Legal Issues
- 1 Whether the restriction on Title No. Gilgil/Karunga Block 2 Nuthu A 37 should be removed to allow distribution in accordance with the confirmed grant.
- 2 Whether the concerns raised by Francis Kahuho Wainaina have been adequately addressed.
Ratio Decidendi
The court found that the administrator had satisfactorily addressed the concerns raised by the respondent regarding the property in question. Since the grant of representation remained confirmed and there were no outstanding objections, the restriction placed on Title No. Gilgil/Karunga Block 2 Nuthu A 37 was no longer justified. The court exercised its discretion to order the Land Registrar to remove the restriction to enable distribution of the estate in accordance with the confirmed grant, thereby upholding the finality and effect of the confirmed grant under the Law of Succession Act.
Court Disposition
Application for removal of restriction allowed.
Orders
- The Land Registrar Naivasha is directed to remove any restriction on Title No. Gilgil/Karunga Block 2 Nuthu A 37 to allow distribution in accordance with the confirmed grant.
- Costs to the Applicant/Administrator.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
SUCCESSION CAUSE NO. 2647 OF 1997
IN THE MATTER OF THE ESTATE OF JAMES WAINAINA NG’ANG’A alias WAINAINA NG’ANG’A(DECEASED)
R U L I N G
1. On the 11th of October, 2018 the court sought for more information so as to rule on the pending application dated 3rd August, 2018 seeking for removal of a restriction on Title No.Title No. Gilgil/Karunga Block 2 Nuthu A 37that was placed at the behest of Francis Kahuho Wainaina in order to pave way for distribution in accordance with the confirmed grant.
2. It has come to the attention of the court that the concern raised by Francis Kahuho Wainaina has well been explained by the administrator Denham Thiongo Wainaina in his affidavit pursuant to the court’s order of 11th October, 2018 which affidavit is dated 24th October, 2018.
3. Consequently, since the grant remains confirmed so far, the court hereby now directs and orders the Land Registrar Naivasha do remove any restriction on Title No. Gilgil/Karunga Block 2 Nuthu A 37 to allow distribution in accordance with confirmed grant.
4. Costs to the Applicant/Administrator.
DATED, SIGNEDandDELIVEREDat NAIROBI this 17TH DAY OF SEPTEMBER, 2020.
.......................
ALI-ARONI
JUDGE