[2021] KEHC 3925 (KLR)
The court cannot proceed to confirm the grant or distribute the estate until it is established with certainty who the registered proprietor(s) of the subject land parcel is. The existence of two conflicting certificates of official search—one showing sole registration in the deceased's name and another showing joint...
Source-derived case information.
- Citation
- [2021] KEHC 3925 (KLR)
- Parties
- Applicant: Christopher Kinyua Mwai; Respondent: Peter Lawrence Kinyua Mwai
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 42 of 2016
- Procedural Posture
- Succession Cause / Directions Prior to Judgment on Confirmation of Grant
- Outcome
- Further directions issued; confirmation of grant and distribution of estate deferred pending clarification of land ownership.
- Judges
- DW Mbuteti
- Legal Topics
- Succession, Confirmation of Grant, Estate Distribution, Land Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christopher Kinyua Mwai
Applicant
Peter Lawrence Kinyua Mwai
Respondent
Procedural Posture
Succession Cause / Directions Prior to Judgment on Confirmation of Grant
Legal Issues
- 1 Whether the estate land parcel L.R. LAIKIPIA/NANYUKI/S. TIMAU BLOCK 2/122 (ETHI) was registered solely in the name of the deceased or jointly with Wamaitha Mwai.
- 2 Whether the court can proceed to distribute the estate without clarity on the registered proprietorship of the land.
Ratio Decidendi
The court cannot proceed to confirm the grant or distribute the estate until it is established with certainty who the registered proprietor(s) of the subject land parcel is. The existence of two conflicting certificates of official search—one showing sole registration in the deceased's name and another showing joint registration with Wamaitha Mwai—creates material uncertainty. Since all beneficiaries are children of both women and there are no succession proceedings for Wamaitha Mwai, the court must first obtain a certified copy of the land register (green card) to determine the correct ownership status before making any orders on distribution. The court thus directs the Land Registrar to...
Court Disposition
Further directions issued; confirmation of grant and distribution of estate deferred pending clarification of land ownership.
Orders
- The Laikipia County Land Registrar is directed to supply to the court within fourteen (14) days a certified copy of the register (green card) of land parcel L.R. LAIKIPIA/NANYUKI/S. TIMAU BLOCK 2/122 (ETHI).
- Matter to be mentioned for further directions after receipt of the land register.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
SUCCESSION CAUSE NO 42 OF 2016
(FORMERLY NYERI SUCCESSION CAUSE NO.79 OF 2016)
IN THE MATTER OF THE ESTATE OF MARGARET MUCHIRU MWAI, DECEASED)
CHRISTOPHER KINYUA MWAI..............ADMIN/APPLICANT
VERSUS
PETER LAWRENCE KINYUA MWAI...................PROTESTER
D I R E C T I O N S
1. When I perused the record of the court in this matter in order to prepare judgment on the summons dated 06/08/2018 for confirmation of grant, I noted that there are two certificates of official search in respect to land parcel L.R. LAIKIPIA/NANYUKI/S. TIMAU BLOCK 2/122 (ETHI), which is said to constitute the estate of the Deceased herein.
2. The first certificate of official search dated 16/06/2015 was filed in court on 16/06/2015 along with the petition for grand of letters of administration intestate. It shows that the land was then registered in the sole name of MARGARET MUCHIRU MWAI, the Deceased herein. She was so registered on 26/10/1988. She died on 01/10/2014.
3. The second certificate of official search, dated 12/11/2019, was filed in court on 20/11/2019 by the Petitioner/Administrator, CHRISTOPHER KINYUA MWAI, who must also have filed the first one. It was filed pursuant to an order of the court entered on 12/11/2019. It says that the land was on 26/10/1988 registered in the names of two persons, WAMAITHA MWAI and MARGARET MUCHIRU MWAI. How come? One of the two certificates cannot be genuine.
3. Wamaitha Mwai is said to have been a co-wife of the Deceased herein. She is also said to be deceased and that there are not, and have not been any, proceedings in respect of her estate. All the claimants (as beneficiaries) in these present proceedings are children of both these ladies.
4. This court needs to know with certainty who the registered proprietor of the land is so that it can appropriately distribute the same, or the portion thereof belonging to the Deceased in this case. To that end therefore, I direct that the Laikipia County Land Registrar do supply to this court within fourteen (14) days of service of this order a certified copy of the register (green card) of land parcel L.R. LAIKIPIA/NANYUKI/S. TIMAU BLOC 2/122 (ETHI).It is so ordered.
5. This matter shall now be mentioned on for further directions.
DATED AND SIGNED AT NANYUKI THIS 22ND DAY OF SEPTEMBER 2021
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 23RD DAY OF SEPTEMBER 2021