[2025] KEHC 9945 (KLR)

[2025] KEHC 9945 (KLR)

The court found that the applicant had complied with the directions of a previous order by Justice Kemei, which required her to pursue registration of the subject parcel in her name. The respondents, despite being served, failed to oppose the application or participate in the proceedings. In light of the...

Source-derived case information.

Citation
[2025] KEHC 9945 (KLR)
Parties
Applicant: Patista Nabwile Kundu; Respondent: Patrick Nyongesa Nakhokho; Respondent: William Wafula Francis; Respondent: David Khisa Wabomba
Court
High Court
Court Station
High Court at Bungoma
Jurisdiction
Kenya
Case Number
Succession Cause 165 of 2011
Procedural Posture
Succession Cause / Ruling on Chamber Summons for Vesting Order and Costs
Outcome
application allowed
Judges
MS Shariff
Legal Topics
Succession of Estates, Vesting Orders, Land Transfer, Administration of Estates
Source Language
en
Family and Children Land and Property Succession of Estates Vesting Orders Land Transfer Administration of Estates

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Summary, issues, holding and outcome

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Parties

Patista Nabwile Kundu

Applicant

Patrick Nyongesa Nakhokho

Respondent

William Wafula Francis

Respondent

David Khisa Wabomba

Respondent

Procedural Posture

Succession Cause / Ruling on Chamber Summons for Vesting Order and Costs

Legal Issues

  1. 1 Whether the applicant is entitled to a vesting order for land Parcel No. East Bukusu/West Sang’alo/8288.
  2. 2 Whether the Deputy Registrar should be authorized to execute transfer documents on behalf of the respondents.
  3. 3 Whether the applicant is entitled to costs of the application.

Ratio Decidendi

The court found that the applicant had complied with the directions of a previous order by Justice Kemei, which required her to pursue registration of the subject parcel in her name. The respondents, despite being served, failed to oppose the application or participate in the proceedings. In light of the respondents' non-cooperation and the applicant's demonstrated entitlement, the court exercised its discretion to grant a vesting order in favour of the applicant. The court further authorized the Deputy Registrar to execute all necessary transfer and Land Control Board forms on behalf of the respondents to ensure the effective transfer of the property. The applicant was also awarded...

Court Disposition

application allowed

Orders

  • A vesting order is granted vesting land Parcel No. East Bukusu/West Sang’alo/8288 in the name of Patista Nabwile Kundu.
  • The Deputy Registrar, High Court Bungoma, is authorized to sign the land transfer and Land Control Board forms for Parcel No. East Bukusu/West Sang’alo/8288 on behalf of the respondents in favour of the applicant.