[2020] KEHC 10173 (KLR)
The court found that since the grant issued to Peter Kamande Gicha and Simon Mwangi Wainaina had been revoked, any actions taken by them under the authority of that grant, including the subdivision of the estate's sole asset, were null and void. The court held that the Registrar of Titles must cancel the...
Source-derived case information.
- Citation
- [2020] KEHC 10173 (KLR)
- Parties
- Applicant: Jane Warigia Macharia
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2807 of 2003
- Procedural Posture
- Succession Cause / Ruling on Application to Cancel Subdivisions and Restore Original Title
- Outcome
- Application allowed. Subdivisions cancelled and original title restored.
- Judges
- A Ali-Aroni
- Legal Topics
- Revocation of Grant, Estate Administration, Land Title Restoration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Warigia Macharia
Applicant
Procedural Posture
Succession Cause / Ruling on Application to Cancel Subdivisions and Restore Original Title
Legal Issues
- 1 Whether the actions undertaken by Peter Kamande Gicha and Simon Mwangi Wainaina with a revoked grant are valid.
- 2 Whether the subdivision of L.R. No. Loc 1/Mugumoini/1247 should be cancelled and the original title restored.
Ratio Decidendi
The court found that since the grant issued to Peter Kamande Gicha and Simon Mwangi Wainaina had been revoked, any actions taken by them under the authority of that grant, including the subdivision of the estate's sole asset, were null and void. The court held that the Registrar of Titles must cancel the subdivisions and restore the original title to ensure the estate is properly administered in accordance with the law. The presence of the two individuals was deemed unnecessary as they were not family members of the deceased and had no further standing in the matter.
Court Disposition
Application allowed. Subdivisions cancelled and original title restored.
Orders
- The Registrar of Titles is directed to cancel the subdivisions of L.R. No. Loc 1/Mugumoini/1247 into 1284, 1405, 1406, and 1407.
- The Registrar of Titles is directed to restore the original title pending further orders of the court.
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. 2807 OF 2003
IN THE MATTER OF THE ESTATE OF JANE WAITHIRA NJERU(DECEASED)
JANE WARIGIA MACHARIA..................................APPLICANT
R U L I N G
1. I have considered the application dated 15th November, 2019. Although the application names two people, Peter Kamande Gicha and Simon Mwangi Wainaina, the ruling of Muigai J revoked the grant that was earlier issued to them and since they are not members of the deceased family their presence is therefore not necessary.
2. The court having revoked the grant issued to the above named persons it follows that any action they had undertaken with the illegally obtained grant is a nullity including the subdivision of the only asset of the estate being L.R. No. Loc 1/Mugumoini/1247which they subdivided into 4 properties 1284, 1405, 1406and1407.
3. The Registrar of titles is therefore directed to cancel the subdivisions and restore the original title pending further orders of the court.
DATED, SIGNED and DELIVERED at NAIROBI this 8TH DAY OF OCTOBER, 2020.
........................
ALI-ARONI
JUDGE