[2018] KEHC 8177 (KLR)
The court found that the applicant had provided sufficient evidence, including a letter from the Land Registrar confirming the absence of any record or knowledge regarding the restriction. As the restriction had no known basis and was impeding the administration and transmission of the estate to beneficiaries, the...
Source-derived case information.
- Citation
- [2018] KEHC 8177 (KLR)
- Parties
- Applicant: Ms. Mwangi; Respondent: Land Registrar Nyeri County
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 455 of 2014
- Procedural Posture
- Succession Cause / Ruling on Summons General for Removal of Restriction
- Outcome
- Application allowed. Restriction on LR TETU/KARAIHU/510 removed.
- Judges
- NA Matheka
- Legal Topics
- Removal of Land Restriction, Succession Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ms. Mwangi
Applicant
Land Registrar Nyeri County
Respondent
Procedural Posture
Succession Cause / Ruling on Summons General for Removal of Restriction
Legal Issues
- 1 Whether the restriction on LR TETU/KARAIHU/510 lodged on 11th September 1979 should be removed to facilitate transmission of the estate.
- 2 Whether sufficient evidence has been provided to justify the lifting of the restriction.
Ratio Decidendi
The court found that the applicant had provided sufficient evidence, including a letter from the Land Registrar confirming the absence of any record or knowledge regarding the restriction. As the restriction had no known basis and was impeding the administration and transmission of the estate to beneficiaries, the court held that there was no justification for its continued existence. Accordingly, the restriction on LR TETU/KARAIHU/510 should be removed to allow the estate to be transmitted to the rightful beneficiaries.
Court Disposition
Application allowed. Restriction on LR TETU/KARAIHU/510 removed.
Orders
- The restriction on LR TETU/KARAIHU/510 lodged on 11th September 1979 is hereby removed.
- Costs in the cause.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
SUCC CAUSE NO.455 OF 2014
IN THE MATTER OF THE ESTATE OF LATE WAIRIA KANIARU GITHAIGA (DECEASED)
R U L I N G
On 12th June 2017, the court made an order requiring the applicant to produce evidence to support the averment in the supporting affidavit to the Summons General dated 29th February 2016 seeking the lifting of the restriction on LR/KARAIHU/310 lodged on 11th September 1979, to the effect that even the land registrar Nyeri was not aware of the reasons for the same.
This restriction has been the cause of the delay in the transmission of the estate to the beneficiaries.
On 10th August 2017, Kiminda Advocate swore a further affidavit, and filed a letter from the Land Registrar Nyeri County confirming that the letter alleged to have been written by the District Magistrate to put a restriction on the parcel on 11th September 1979 could not be traced, and the contents therein were not within the knowledge of the Land Registrar. The letter is dated 11/th July 2017 and signed by S.M. Mwanzaw’a – Land Registrar No. 337.
With that information I find that the there is nothing else other than to allow the application, Summons General dated 29th February 2016 and order that the subsisting restriction on LR TETU/KARAIHU/510 lodged on 11th September 1979 be and is hereby removed.
Costs in the cause.
Teresia M. Matheka
Judge
Dated, delivered and signed this 18/1/18 at Nyeri
In the presence of: -
Court Asst.- Harriet
Ms. Mwangi for the applicant.