[2010] KEHC 1907 (KLR)
The court determined that before making any orders affecting the subdivisions of Mwimbi/Chogoria/1086, it is essential that the persons who received the sub-divided parcels be given an opportunity to be heard. The proceedings of 16th May 2010 were set aside to allow the applicant to file a further affidavit naming...
Source-derived case information.
- Citation
- [2010] KEHC 1907 (KLR)
- Parties
- Petitioner: M’Ndaka Kangangi; Applicant: Joseph Murungi Gitonga
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 246 of 1995
- Procedural Posture
- Succession Cause / Interlocutory Ruling on Application to Cancel Subdivisions and Revert Property to Original Title
- Outcome
- Proceedings of 16th May 2010 set aside; applicant granted leave to file further affidavit; fresh hearing to be scheduled after service to registered owners of sub-divided parcels.
- Judges
- MM Kasango
- Legal Topics
- Revocation of Grant, Distribution of Estate, Subdivision of Land, Right to Be Heard
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
M’Ndaka Kangangi
Petitioner
Joseph Murungi Gitonga
Applicant
Procedural Posture
Succession Cause / Interlocutory Ruling on Application to Cancel Subdivisions and Revert Property to Original Title
Legal Issues
- 1 Whether the court should cancel the six subdivisions of Mwimbi/Chogoria/1086 and revert to the original title.
- 2 Whether the persons to whom the sub-divided parcels were distributed should be heard before any orders are made.
Ratio Decidendi
The court determined that before making any orders affecting the subdivisions of Mwimbi/Chogoria/1086, it is essential that the persons who received the sub-divided parcels be given an opportunity to be heard. The proceedings of 16th May 2010 were set aside to allow the applicant to file a further affidavit naming the registered owners of the sub-divided parcels, who must then be served and heard before the application can be determined. This approach upholds the principles of natural justice and fair hearing, ensuring that no party is condemned unheard.
Court Disposition
Proceedings of 16th May 2010 set aside; applicant granted leave to file further affidavit; fresh hearing to be scheduled after service to registered owners of sub-divided parcels.
Orders
- Proceedings of 16th May 2010 are set aside.
- Applicant Joseph Murungi Gitonga is granted leave to file a further affidavit setting out the names of persons to whom the subdivisions are registered.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
Succession Cause 246 of 1995
IN THE MATTER OF THE ESTATE OF KANGANGI KAIRARIA (DECEASED)
M’NDAKA KANGANGI ................................................................ PETITONER
VERSUS
JOSEPH MURUNGI GITONGA ..................................................... APPLICANT
RULING
Justice Ouko, by his ruling delivered on 17th July 2009, revoked the grant issued to the petitioner.Before that revocation, the petitioner had dealt with the suit property, that is, Mwimbi/Chogoria/1086by sub dividing it into 6 portions.The Judge, in making that ruling, stated that the petitioner had distributed those portions to six other persons.Joseph Murungi Gitonga has filed a Chamber Summons dated 25th February 2010 seeking the court to cancel those 6 sub divisions and to have the same revert to the original title Mwimbi/Chogoria/1086. Although the petitioner was served the application, when it came for hearing, he did not attend.After the hearing of that Chamber Summons, a ruling was reserved for 28th May 2010. However, as I sat to consider that ruling, it occurred to me that it is of paramount importance that the persons to whom the sub divided parcels were distributed be heard.For that reason, I do hereby set aside the proceedings of 16th May 2010 and do hereby give leave to the applicant Joseph Murungi Gitonga to file a further affidavit setting out the names of persons to whom the subdivisions are registered in.At the reading of this ruling, I shall give fresh hearing dates to the Chamber Summons dated 25th February 2010 and at that subsequent hearing, the registered owners of the sub divided parcels will require to be served so that they can be heard.
Dated and delivered at Meru this 28th day of May 2010.
MARY KASANGO
JUDGE