[2010] KEHC 2861 (KLR)
The court found that there was no substantive dispute regarding the applicant's entitlement to the ½ acre portion of land and that the subdivision and transfer were inevitable as part of the estate administration. The administrators had not sought any contrary orders or provided sufficient justification for their...
Source-derived case information.
- Citation
- [2010] KEHC 2861 (KLR)
- Parties
- Applicant: Muthoni Gakumo; Respondent: Elizabeth Wanjiru Mbugua; Respondent: Rachael Nyamwangi Mbugua
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 856 of 1998
- Procedural Posture
- Succession Cause / Ruling on Summons for Execution of Transfer
- Outcome
- application allowed with conditions
- Legal Topics
- Administration of Estates, Transfer of Land, Mutation Forms, Duties of Administrators
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muthoni Gakumo
Applicant
Elizabeth Wanjiru Mbugua
Respondent
Rachael Nyamwangi Mbugua
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Execution of Transfer
Legal Issues
- 1 Whether the Deputy Registrar should be authorized to sign mutation forms for transfer of ½ an acre in Kiambu/Ndumberi/Riabai/T.61 to the applicant.
- 2 Whether the administrators have failed in their duty to effect the transfer as required.
Ratio Decidendi
The court found that there was no substantive dispute regarding the applicant's entitlement to the ½ acre portion of land and that the subdivision and transfer were inevitable as part of the estate administration. The administrators had not sought any contrary orders or provided sufficient justification for their delay or refusal to execute the necessary documents. The court held that it was the administrators' duty to complete the transfer, and in the event of their default, the Deputy Registrar could be authorized to sign the mutation forms to ensure the applicant's interest is realized. The court thus granted the administrators a deadline to complete the transfer, failing which the...
Court Disposition
application allowed with conditions
Orders
- Administrators are given up to the end of July 2010 to complete the transfer of ½ acre in Kiambu/Ndumberi/Riabai/T.61 to the applicant.
- In default, the Deputy Registrar shall sign the mutation forms as requested in the application.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Succession Cause 856 of 1998
IN THE MATTER OF THE ESTATE OF MBUGUA KINGIRI (DECEASED)
R U L I N G
Before me is a Summons dated 22nd October, 2009 filed by Muthoni Gakumo. It is an application requiring that the Deputy Registrar do sign mutation forms for transfer of ½ an acre in Kiambu/Ndumberi/Riabai/T.61 which is said to be the interest of the applicant.
The administrators ELIZABETH WANJIRU MBUGUA and RACHAEL NYAMWANGI MBUGUA oppose the application. They filed a replying affidavit sworn by ELIZABETH WANJIRU MBUGUA.
Their counsel Mr. Nyandieka also addressed me in opposition to the application. He submitted that there was a process that would require the parties going to the Land Control Board, and also the sharing of costs.
Having considered the application, I find no basis for rejecting the application. There is no dispute that the subdivision will have to be done anyway. In my view, it is the administrators duty to do the needful, and if there is a problem, they either find a solution out there, or they come to court for appropriate order. They have not come to court to ask for any orders.
I therefore order as follows-
1. I give the administrators up to the end of July this year to complete the transfer.
2. In default, prayer 1 in this application will be effected by the Deputy Registrar as requested
3. Costs in the cause.
Dated and delivered at Nairobi this 15thday of March, 2010.
GEORGE DULU
JUDGE.