[2019] KEHC 4133 (KLR)
The court found that the applicant's request was justified as the respondent had refused to sign the necessary land transfer documents despite the existence of a confirmed grant of letters of administration. Since the application was unopposed and the court was satisfied that the requirements for execution had been...
Source-derived case information.
- Citation
- [2019] KEHC 4133 (KLR)
- Parties
- Applicant: Alice Cherotich; Respondent: Jonathan Kipkorir Cheruiyot
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 148 of 2013
- Procedural Posture
- Succession Cause / Ruling on Application for Execution of Land Transfer Documents
- Outcome
- Application allowed.
- Judges
- GMA Dulu
- Legal Topics
- Succession, Grant of Letters of Administration, Execution of Transfer Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alice Cherotich
Applicant
Jonathan Kipkorir Cheruiyot
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Execution of Land Transfer Documents
Legal Issues
- 1 Whether the Deputy Registrar should be authorized to execute land transfer documents due to the respondent's refusal to sign.
- 2 Whether the application for execution is merited in light of the confirmed grant of letters of administration.
Ratio Decidendi
The court found that the applicant's request was justified as the respondent had refused to sign the necessary land transfer documents despite the existence of a confirmed grant of letters of administration. Since the application was unopposed and the court was satisfied that the requirements for execution had been met, the court allowed the application and authorized the Deputy Registrar to execute the transfer documents as prayed.
Court Disposition
Application allowed.
Orders
- The application dated 10th April 2019 is allowed.
- The Deputy Registrar is authorized to execute the land transfer documents in respect of the confirmed grant of letters of administration dated 18th June 2015.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
SUCCESSION CAUSE NO.148 OF 2013
IN THE MATTER OF THE ESTATE OF: KIMALUI KOSKEI
AND
IN THE MATTER OF AN APPLICATION BY:
ALICE CHEROTICH..............................................PETITIONER/APPLICANT
VERSUS
JONATHAN KIPKORIR CHERUIYOT......................................RESPONDENT
RULING
1. This is an application dated 10th April 2019 requesting that the Deputy Registrar of this Court executes land transfer documents in respect of a Confirmed Grant of Letters of Administration dated 18th June 2015.
2. The reason for the request is that the respondent Jonathan Kipkorir Cheruiyot has refused to sign the same as required.
3. The application is not opposed. I have seen the said confirmed Grant of Letters of Administration herein.
4. I thus allow the application dated 10th April 2014 and grant prayer 1 therein.
Dated and delivered at Kericho this 26th September 2019.
GEORGE DULU
JUDGE