[2024] KEHC 14904 (KLR)
The court found that the application for execution of its prior order was unopposed and that the applicants were entitled to the relief sought. In the absence of any objection or response from the respondents, and in light of the previous orders regarding the distribution of the estate, the court granted the...
Source-derived case information.
- Citation
- [2024] KEHC 14904 (KLR)
- Parties
- Applicant: Gati Maroa Wangera; Applicant: Esther Mbone; Respondent: Lucas Mwita Machera; Respondent: Nyanswi Mwita Hababu
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 595 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Execution of Court Order
- Outcome
- Application granted. No order as to costs.
- Judges
- A. Ong’injo
- Legal Topics
- Probate and Administration, Execution of Court Orders, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gati Maroa Wangera
Applicant
Esther Mbone
Applicant
Lucas Mwita Machera
Respondent
Nyanswi Mwita Hababu
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Execution of Court Order
Legal Issues
- 1 Whether the Deputy Registrar should be ordered to execute and/or sign all requisite forms and instruments of transfer for the estate of Margarita Mwita Machera as per the court order of 12/4/2024.
- 2 Whether the application for execution of the court's order dated 26/5/2022 should be granted in the absence of opposition.
Ratio Decidendi
The court found that the application for execution of its prior order was unopposed and that the applicants were entitled to the relief sought. In the absence of any objection or response from the respondents, and in light of the previous orders regarding the distribution of the estate, the court granted the application, directing the Deputy Registrar to execute and/or sign all requisite forms and instruments of transfer to effectuate the distribution of the estate of Margarita Mwita Machera as previously ordered. The court made no order as to costs.
Court Disposition
Application granted. No order as to costs.
Orders
- The Deputy Registrar is ordered to execute and/or sign all requisite forms and instruments of transfer for the estate of Margarita Mwita Machera as per the court order of 12/4/2024.
- No order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of Margarita Mwita Machera (Deceased) (Succession Cause 595 of 2014) [2024] KEHC 14904 (KLR) (31 October 2024) (Ruling)
Neutral citation: [2024] KEHC 14904 (KLR)
Republic of Kenya
In the High Court at Migori
Succession Cause 595 of 2014
A. Ong’injo, J
October 31, 2024
IN THE MATTER OF THE ESTATE OF: MARGARITA MWITA MACHERA (DECEASED)
Between
Gati Maroa Wangera
1st Applicant
Esther Mbone
2nd Applicant
and
Lucas Mwita Machera
1st Petitioner
Nyanswi Mwita Hababu
2nd Petitioner
Ruling
1. Objectors Application dated 22/5/2024 seeks that the Deputy Registrar be ordered to execute and/or sign all the requisite forms and/or instruments of transfer so that beneficiaries identified in respect of the estate of Margarita Mwita Machera as per court order of 12/4/2024.
2. Ruling delivered on 20. 12. 2023 that the estate of Margarita Mwita Machera comprising 1/5 share of LR BUKURA/ BUHIRINGERA / 101 be shared into 2 portions measuring 2. 45 Ha to Gati Maroon Wangera & Nyanswi Mwita Hababu. Application is supported by affidavit of Applicant. The Respondent did not respond to the Application directions were taken that eh application be heard by way of written submissions.
3. This application seeks execution of this courts order dated 26. 5.2022, Being that the same reasons unopposed the application is granted with no orders as to costs.
DELIVERED, DATED AND SIGNED AT MIGORI THIS 31ST DAY OF OCTOBER, 2024A. ONGINJOJUDGE