[2020] KEHC 10216 (KLR)
The court found that the application was unopposed and that the mediation process had resolved the outstanding disputes regarding the administration of the estate of Morton Kimani Gitundu. The court held that it was appropriate to direct the publication of the cause in the Kenya Gazette with the necessary amendments...
Source-derived case information.
- Citation
- [2020] KEHC 10216 (KLR)
- Parties
- Applicant: Grace Njeri Karogo; Respondent: Gathogo Samuel Kibui Kimani
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 196 of 2017
- Procedural Posture
- Succession Cause / Ruling on Unopposed Application for Confirmation of Grant and Publication of Cause
- Outcome
- Application allowed as prayed; orders granted for publication, confirmation of grant, and release of title documents.
- Judges
- A Ali-Aroni
- Legal Topics
- Succession, Confirmation of Grant, Mediation Settlement, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grace Njeri Karogo
Applicant
Gathogo Samuel Kibui Kimani
Respondent
Procedural Posture
Succession Cause / Ruling on Unopposed Application for Confirmation of Grant and Publication of Cause
Legal Issues
- 1 Whether the cause should be published in the Kenya Gazette in the names of both Grace Njeri Karogo and Samuel Kibui Kimani as co-administrators.
- 2 Whether the grant should be confirmed in terms of the mediation report without production of title documents held by the Deputy Commissioner, Waithaka Division.
- 3 Whether the Deputy Commissioner should be compelled to release the original title documents to facilitate distribution and transfers.
Ratio Decidendi
The court found that the application was unopposed and that the mediation process had resolved the outstanding disputes regarding the administration of the estate of Morton Kimani Gitundu. The court held that it was appropriate to direct the publication of the cause in the Kenya Gazette with the necessary amendments to include Samuel Kibui Kimani as co-administrator alongside Grace Njeri Karogo. The court further held that the grant could be confirmed in terms of the mediation report, and that the Deputy Commissioner, Waithaka Division, was under a duty to release all original title documents in his possession to the parties' counsels to facilitate the distribution and transfer of the...
Court Disposition
Application allowed as prayed; orders granted for publication, confirmation of grant, and release of title documents.
Orders
- Deputy Registrar to publish the petition with amendments to include Samuel Kibui Kimani as co-administrator with Grace Njeri Karogo.
- Grant to be confirmed in terms of the mediation report without production of titles held by Deputy Commissioner, Waithaka Division.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
SUCCESSION CAUSE NO. 196 OF 2017
IN THE MATTER OF THE ESTATE OF MORTON KIMANI GITUNDU(DECEASED)
GRACE NJERI KAROGO...............................APPLICANT
R U L I N G
1. The application dated 28th May, 2020 is unopposed. It seeks for orders directing that the cause be published in the Kenya Gazette in the names of Gathogo Samuel Kibui Kimani and Grace Njeri Karogo.
2. Secondly, the application seeks that the grant be confirmed in terms of the mediation report and without production of titles being held by Deputy Commissioner, Waithaka Division.
3. The application is supported by the affidavit of Grace Njeri Karogo.
4. The application is made following a successful mediation process that solved a long outstanding dispute between the parties.
5. The court therefore now directs the Deputy Registrar to cause to be published the petition with the necessary amendments to include the name of Samuel Kibui Kimani so that he is a co-administrator with Grace Njeri Karogo.
6. It is not clear why the Deputy Commissioner of Waithaka would defy a court order to release title documents. This court now directs and orders the said Deputy District Commissioner do produce all the original title documents related to this matter and in his possession to both counsels on record for the parties to enable them facilitate distribution and transfers at the opportune time.
7. No order as to costs.
DATED, SIGNED and DELIVERED at NAIROBI this 22ND DAY OF OCTOBER, 2020.
......................
ALI-ARONI
JUDGE