[2020] KEHC 5199 (KLR)
The court found that the respondent's refusal to sign the transfer documents was baseless, as she had not specified the survey fees claimed, nor was there any court order requiring payment of such fees. The respondent had not filed any formal application regarding her grievances. The court emphasized that grants...
Source-derived case information.
- Citation
- [2020] KEHC 5199 (KLR)
- Parties
- Applicant: Peter Muriuki Kithiri; Respondent: Peris Wangechi Kithiri
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 421 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Execution of Grant
- Outcome
- application allowed
- Judges
- LW Gitari
- Legal Topics
- Administration of Estates, Execution of Grant, Transfer of Land, Refusal to Sign Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Muriuki Kithiri
Applicant
Peris Wangechi Kithiri
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Execution of Grant
Legal Issues
- 1 Whether the respondent has good cause to refuse signing documents to facilitate transfer of land parcels to the applicant.
- 2 Whether the respondent's demand for survey fees and return of beacons is a valid ground to withhold execution of the grant.
Ratio Decidendi
The court found that the respondent's refusal to sign the transfer documents was baseless, as she had not specified the survey fees claimed, nor was there any court order requiring payment of such fees. The respondent had not filed any formal application regarding her grievances. The court emphasized that grants issued must be executed to finality and not in a piecemeal fashion. Accordingly, the application to compel the respondent to sign the documents was allowed as prayed.
Court Disposition
application allowed
Orders
- The application dated 7/5/20 is allowed as prayed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERUGOYA
SUCCESSION CAUSE NO. 421 OF 2014
IN THE MATTER OF THE ESTATE OF KATHIRI NJOKA ALIAS KITHIRI NJOKA..........(DECEASED)
PERIS WANGECHI KITHIRI........................................................RESPONDENT
V E R S U S
PETER MURIUKI KITHIRI...............................................................APPLICANT
RULING
1. I have considered the application. I have also considered the replying affidavit sworn by the respondent Peris Wangechi Kithiri. I find that the respondent has no good cause for refusing to sign documents to facilitate the transfer of land parcel No. Mutira/Kanyei/2272 and Mutira/Kanyei/2270 to the applicant. The claim by the respondent is unreasonable as the grant has been executed partially. The respondent has admitted that she refused to transfer as she is demanding survey fees and return of beacons. She has not stated the amount of the fees she is claiming from the applicant and the court had not made an order for pay of the survey fees. The refusal by the respondent to sign has no basis. She has not approached the court with an application on the matters she has raised. Court orders are not made in vain. The grant issued by the court should be executed to its finality and not partially or in bits.
2. I find that the respondent has not shown any good reason why the application should not be allowed.
3. I order that the application dated 7/5/20 is allowed as prayed.
Dated at Kerugoya this 29th day of May 2020.
L. W. GITARI
JUDGE