[2022] KEHC 11748 (KLR)
The court found that the applicant had not demonstrated on a balance of probabilities that the petitioner was in possession of the original title deed or had refused to sign the transfer documents. The petitioner had already executed the necessary documents and indicated that the original title deed was with...
Source-derived case information.
- Citation
- [2022] KEHC 11748 (KLR)
- Parties
- Petitioner: Rebecca Kithira; Objector: Gervasio Gatobu Mathiu; Objector: Jeremiah Nkuubi Mathiu; Objector: Geofrey Mugambi; Objector: Cicilia Kinya Mathiu; Objector: Jerica Kananu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 150 of 2001
- Procedural Posture
- Succession Cause / Ruling on Application for Dispensation of Production of Original Title Deed
- Outcome
- Application allowed; dispensation of production of original title deed granted; costs awarded to petitioner.
- Judges
- EM Muriithi
- Legal Topics
- Succession Proceedings, Administration of Estates, Production of Title Deeds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rebecca Kithira
Petitioner
Gervasio Gatobu Mathiu
Objector
Jeremiah Nkuubi Mathiu
Objector
Geofrey Mugambi
Objector
Cicilia Kinya Mathiu
Objector
Jerica Kananu
Objector
Procedural Posture
Succession Cause / Ruling on Application for Dispensation of Production of Original Title Deed
Legal Issues
- 1 Whether the applicant is entitled to dispensation of the production of the original title deed for Land Nyaki/Kabune/794.
- 2 Whether the petitioner refused to produce or avail the original title deed or sign transfer documents.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The court found that the applicant had not demonstrated on a balance of probabilities that the petitioner was in possession of the original title deed or had refused to sign the transfer documents. The petitioner had already executed the necessary documents and indicated that the original title deed was with Gervasio Gatobu Mathiu, an objector represented by the applicant. As the application was not opposed and the petitioner had complied with her obligations, the court granted the prayer for dispensation of the production of the original title deed as sought by the applicant. However, since the petitioner was unnecessarily drawn into defending the application, the applicant was ordered...
Court Disposition
Application allowed; dispensation of production of original title deed granted; costs awarded to petitioner.
Orders
- Prayer No. 1 of the Summons dated 22/9/2021 is granted as prayed.
- The petitioner shall have the costs of the application to be paid by the applicant as agreed between the parties or taxed by the taxing master of the court in default.
Full Case Text
Judgment text and source record
30 paragraphs
In re Estate of M'imathiu M'angare (Deceased) (Succession Cause 150 of 2001) [2022] KEHC 11748 (KLR) (31 March 2022) (Ruling)
Neutral citation: [2022] KEHC 11748 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 150 of 2001
EM Muriithi, J
March 31, 2022
Between
Rebecca Kithira
Petitioner
and
Gervasio Gatobu Mathiu
1st Objector
Jeremiah Nkuubi Mathiu
2nd Objector
Geofrey Mugambi
3rd Objector
Cicilia Kinya Mathiu
4th Objector
Jerica Kananu
5th Objector
Ruling
1. Upon hearing counsel for the parties it is clear that the application by Summons dated 22/09/2021 is not opposed by the Respondent/Petitioner.
2. The only dispute is the denial by the Petitioner that she has refused to produce and or avail the original title deed of the parcel of Land Nyaki/Kabune/794.
3. The Applicant has not demonstrated on a balance of probability that the original title was in possession of the Petitioner who has refused to sign the transfer documents.
4. The Petitioner by Affidavit sworn on 10/2/2022 has deponed that she had already executed all the transfer document and sent them to the Applicant’s Counsel and that the original title documents was in the custody of Gervasio Gatobu Mathiu who is represented by the applicant.
5. Consequently, the order that commends itself to the court is to allow the prayer for dispensation of the production of the original title deed as prayed by the Applicant but to mulct them in costs for making the application to which the Petitioner has had to defend in this respect.
Orders 6. Accordingly, for the reasons set out above, the court makes the orders as follows:-1)Prayer No. 1 of the Summons dated 22/9/2021 is granted as prayed.2)The Petitioner shall have the costs of the application to be paid by the Applicant as agreed between the parties or taxed by the taxing master of the court in default.
7. File closed.
DATED AND DELIVERED 31st DAY OF MARCH 2022. EDWARD M. MURIITHIJUDGE