[2024] KEHC 14879 (KLR)
The court found that the transmission and partition of the deceased's property were not conducted in accordance with the certificate of confirmation of grant, as confirmed by the County Land Registrar. Given the rectification of the certificate following the death of a beneficiary and administrator, and the...
Source-derived case information.
- Citation
- [2024] KEHC 14879 (KLR)
- Parties
- Applicant: Ms. Nabulindo; Respondent: County Land Registrar
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 145 of 2013
- Procedural Posture
- Succession Cause / Ruling on Application for Cancellation of Transmission
- Outcome
- application allowed
- Judges
- WM Musyoka
- Legal Topics
- Transmission of Property, Confirmation of Grant, Rectification of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ms. Nabulindo
Applicant
County Land Registrar
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Cancellation of Transmission
Legal Issues
- 1 Whether the transmission of the deceased's property was conducted in accordance with the certificate of confirmation of grant.
- 2 Whether the partition of the property should be cancelled and reverted to the original number to facilitate proper transmission.
Ratio Decidendi
The court found that the transmission and partition of the deceased's property were not conducted in accordance with the certificate of confirmation of grant, as confirmed by the County Land Registrar. Given the rectification of the certificate following the death of a beneficiary and administrator, and the Registrar's recommendation, the court held that cancellation of the partition and reversion to the original property number were necessary to facilitate proper administration and completion of transmission. The application dated 4th October 2024 was therefore allowed as prayed.
Court Disposition
application allowed
Orders
- The application dated 4th October 2024 is allowed as prayed.
- The partition of the property is cancelled and reverted to the original number to facilitate fresh partition and completion of transmission.
Full Case Text
Judgment text and source record
13 paragraphs
In re Estate of John Wandera Okalanya (Deceased) (Succession Cause 145 of 2013) [2024] KEHC 14879 (KLR) (27 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14879 (KLR)
Republic of Kenya
In the High Court at Busia
Succession Cause 145 of 2013
WM Musyoka, J
November 27, 2024
IN THE MATTER OF THE ESTATE OF JOHN WANDERA OKALANYA (DECEASED)
Ruling
1. The application, that I am called upon to determine, is dated 4th October 2024. It seeks cancellation of the transmission process that has happened, purportedly based on the certificate of confirmation of grant, issued on 13th May 2014, on grounds that that transmission was not done fully in compliance with that certificate. The said certificate has also been rectified, following the death of one of the beneficiaries, who was also an administrator.
2. I have seen and read the letter from the County Land Registrar, dated 26th May 2021, which states that the property was not partitioned in consonance with the said certificate, and which proposes cancelation of the partition, to revert it to the original number, to facilitate fresh partition, and completion of transmission.
3. I am persuaded, in the circumstances, that the application, dated 4th October 2024, is for granting, and I hereby allow it as prayed. The matter shall be mentioned on 6th May 2025, to confirm completion of administration, and for closure of the court file. Orders accordingly.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, THIS 27TH DAY OF NOVEMBER 2024. W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMs. Nabulindo, instructed by DK Nabulindo & Company, Advocates for the administrator.