[2022] KEHC 17226 (KLR)

In re Estate of Juma Kariuki alias Khamisi Kariuki Juma (Deceased) (Succession Cause 326 of 2003) [2022] KEHC 17226 (KLR) (Family) (7 November 2022) (Ruling)

Neutral citation: [2022] KEHC 17226 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Succession Cause 326 of 2003

EKO Ogola, J

November 7, 2022

Between

Ann Wanjiru Kirumba

Applicant

Suing as a Representative of the Estate of John Njoroge Kinuthia

and

The Land Registrar Kiambu

Respondent

Ruling

1. The subject of this Ruling is the Summons dated December 1, 2021 filed by Ann Wanjiru Kirumba. She prays for orders that the Land Registrar Kiambu does remove/lift the caution lodged on land parcels No Kiambaa/Kihara/5996.

2. The background of the matter is that Juma Kariuki alias Khamisi Kariuki Juma died intestate on November 4, 1999 and on April 30, 2003 his widow Anastasia Wangari Kariuki and his son Juma Kariuki Khamisi were appointed as joint administrators of the estate.

3. On May 30, 2014 Rehoboth Christian Ministry Centre filed Summons for revocation of the grant issued on September 16, 2013 and confirmed on September 26, 2013 by Kiambu Chief Magistrate’s Court. Rehoboth had purchased 0. 22Ha of Kiama/Kihara/794 from the deceased son who at that time had no legal authority to deal in any manner with the deceased estate. From these Summons, this court on November 3, 2014 issued orders for a temporary stay of any dealings with the parcels of land known as Kiambaa/Kihara/5994 to 5997 being sub-divisions of Plot title No. Kiambaa/Kihara/794 until hearing and determination of the said Summons. On December 8, 2015 a judgment was delivered revoking the said grants for being obtained fraudulently the Court also held that Rehoboth had no claim against the estate of the deceased because it purchased the land from a seller who had no legal authority to sell.

4. At the time of that judgment, the deceased son had passed away and the letters of administration were subsequently rectified on July 20, 2016 stating that Anastasia Wangari Kariuki would be the only administrator to the deceased estate. It was directed on the same day that the parcel of land known as Kiambaa/Kiharaa/764 which formed part of the deceased estate be distributed as follows:- Anastacia Wangari Kariuki-0. 22Ha, Alice Muthoni Kibura-0. 073Ha, Salome Nyaikamba Waweru-0. 0365Ha, John Njoroge Kinuthia-0. 365Ha, and John Njoroge Kinuthia-0. 073Ha.

5. Back to the Summons at hand. The applicant supported the Summons vide an affidavit where she deposed that she is the administrator and the surviving spouse of the late John Njoroge Kinuthia a beneficiary of the deceased estate. She deposed that the parcel of land known as Kiambaa/Kihara/764 was divided among the beneficiaries of the deceased and the late Kinuthia was allocated the subdivision number Kiambaa/Kihara/5996. She further deposed that she conducted an official search of the subdivided land, and it was realized that a caution had been lodged on December 1, 2014 pending the hearing and determination of an application. She deposed that the said application had been concluded and a certificate of confirmation of grant issued, hence the caution should be lifted as it is hindering the administration of the late Kinuthia’s estate.

6. The applicant has annexed to her supporting affidavit a copy of the certificate of official search showing a caution registered against plot Kiambaa/Kihara/5996 pending the determination of the application dated May 30, 2014. This application has been determined, and I do not see why the Caution should not be lifted.

7. The Land Registrar is therefore directed to remove the caution lodged on December 1, 2014 on land known as Kiambaa/Kihara/5996.

8. No orders as to costs.

9. Orders accordingly.

DATED and DELIVERED at NAIROBI this 7thday of November 2022E.K. OGOLAJUDGEIn the presence of:Mr. Kingori h/b for Mr. Kimani for the ApplicantN/A for the Respondent.Court Assistant Gisiele Muthoni.E.K. OGOLA J.Page 2 of 2