[2022] KEHC 13710 (KLR)
The court found that the respondents had failed to provide any justification for refusing to sign the mutation forms necessary for the distribution of the estate, despite being served with the application and hearing notice. The applicant had demonstrated compliance with all procedural requirements, including...
Source-derived case information.
- Citation
- [2022] KEHC 13710 (KLR)
- Parties
- Applicant: Barrack Awuor Mawere; Respondent: Kerina Oketch; Respondent: Caleb Mboya
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 5 of 2020
- Procedural Posture
- Succession Cause / Ruling on Application for Execution of Mutation Forms
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Administration of Estates, Confirmation of Grant, Mutation Forms, Land Distribution, Non Cooperation of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Barrack Awuor Mawere
Applicant
Kerina Oketch
Respondent
Caleb Mboya
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Execution of Mutation Forms
Legal Issues
- 1 Whether the respondents should be compelled to sign mutation forms for the distribution of the estate land parcel.
- 2 Whether the Deputy Registrar should be authorized to sign the mutation forms in default by the respondents.
Ratio Decidendi
The court found that the respondents had failed to provide any justification for refusing to sign the mutation forms necessary for the distribution of the estate, despite being served with the application and hearing notice. The applicant had demonstrated compliance with all procedural requirements, including payment of survey fees and issuing a formal demand. In the absence of opposition or explanation from the respondents, and to prevent further delay and frustration of the estate's administration, the court exercised its powers under Section 82 of the Law of Succession Act to compel the respondents to sign the mutation forms within seven days, failing which the Deputy Registrar would...
Court Disposition
application allowed
Orders
- The respondents Kerina Oketch and Caleb Mboya are directed to sign the mutation forms for Parcel No. North Sakwa/Maranda/1136 within seven days and deliver them to the applicant or his advocate.
- In default, the applicant may present the mutation forms and all necessary documents to the Deputy Registrar for execution to enable distribution of the estate.
Full Case Text
Judgment text and source record
26 paragraphs
In re Estate of Mawere Nyambara alias Opiyo (Succession Cause 5 of 2020) [2022] KEHC 13710 (KLR) (11 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13710 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 5 of 2020
RE Aburili, J
October 11, 2022
IN THE MATTER OF THE ESTATE OF LATE MAWERE NYAMBARA ALIAS OPIYO (DECEASED)
Between
Barrack Awuor Mawere
Applicant
and
Kerina Oketch
1st Respondent
Caleb Mboya
2nd Respondent
Ruling
1. I have considered the Application dated 29/8/2022 by the Petition/applicant Barrack Awuor Mawere which application is not opposed by the Respondents despite service of the same and a hearing notice upon them for hearing today.
2. The Application seeks orders for signing of the Mutation Forms for Land Parcel No. North Sakwa/Maranda/1136 by the Respondents and in default, the Deputy Registrar of this court to sign the same. It is brought under Section 82 of Law of Succession Act. The Certificate of confirmation of grant was rectified on 21/2/2022 to allow the estate to be fully distributed. The failure by the Respondents to sign the Mutation documents has derailed the process of distribution of the estate of the deceased in favour of the identified bona fide beneficiaries.
3. As there is no reason given for declining to sign the Mutation forms and with evidence of payment of survey fees and demand for signing of the Mutation forms as per the letter dated 22/6/2022 in vain, I find this application merited.
4. I allow the application dated 29/8/2022 and order as follows: 1. That the Respondent Kerina Oketch and Caleb Mboya are directed to sign the Mutation forms for Parcel No. North Sakwa/Maranda/1136 within seven days of this Ruling and deliver the same to the applicant Barrack Awuor Mawere or his advocate.
2. That in default of Order No. (1) above, the applicant shall present the Mutation forms and all documents necessary for the subdivision and transfer to the listed beneficiaries the estate comprising Land Parcel No. North Sakwa/Maranda/1136, to the Deputy Registrar of this court for execution to enable the distribution of the estate of the deceased Mawere Nyambara alias Opiyo to be concluded.
5. I make no orders as to costs.
6. Mention on 24/10/2022 before the Deputy Registrar for further directions regarding execution process.
7. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 11THDAY OF OCTOBER, 2022R.E. ABURILIJUDGE