[2017] KEHC 5984 (KLR)
The court determined that it cannot proceed to confirm the grant or resolve the protest without the land registry record for ABOTHUGUCHI/GAITU/1461. Since this parcel is alleged to have been given to the protestor by the deceased during his lifetime, section 42 of the Law of Succession Act mandates that such...
Source-derived case information.
- Citation
- [2017] KEHC 5984 (KLR)
- Parties
- Applicant: Sarah Gakera; Applicant: Amaria Rigiri; Applicant: Consolata Ngito; Respondent: Rebecca Mugure Mbobua
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 301 of 2003
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant and Protest
- Outcome
- interlocutory order; confirmation of grant and protest deferred pending production of registry record
- Judges
- F Gikonyo
- Legal Topics
- Confirmation of Grant, Distribution of Estate, Intermeddling With Estate Property, Registry Records, Section 42 Law of Succession Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sarah Gakera
Applicant
Amaria Rigiri
Applicant
Consolata Ngito
Applicant
Rebecca Mugure Mbobua
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant and Protest
Legal Issues
- 1 Whether the court can confirm the grant of letters of administration in the absence of the land registry record for ABOTHUGUCHI/GAITU/1461.
- 2 Whether the property ABOTHUGUCHI/GAITU/1461, allegedly given to the protestor by the deceased during his lifetime, should be taken into account in the distribution of the estate under section 42 of the Law of Succession Act.
Ratio Decidendi
The court determined that it cannot proceed to confirm the grant or resolve the protest without the land registry record for ABOTHUGUCHI/GAITU/1461. Since this parcel is alleged to have been given to the protestor by the deceased during his lifetime, section 42 of the Law of Succession Act mandates that such property be considered in the distribution of the estate. The absence of the registry record for this parcel is a material gap that prevents the court from making a final determination on the confirmation of the grant and the distribution of the estate. The court therefore ordered the petitioners to file the registry record for ABOTHUGUCHI/GAITU/1461 within seven days, after which the...
Court Disposition
interlocutory order; confirmation of grant and protest deferred pending production of registry record
Orders
- Petitioners to file the registry record for ABOTHUGUCHI/GAITU/1461 within 7 days.
- Final judgment on distribution of the estate to be delivered upon receipt of the said record.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO.301 OF 2003
IN THE MATTER OF THE ESTATE OF M’RIMBERE M’IKUNYUA (DECEASED)
SARAH GAKERA
AMARIA RIGIRI
CONSOLATA NGITO.............................PETITIONERS
Versus
REBECCA MUGURE MBOBUA.............PROTESTOR
RULING
Production of land registry record
[1] I have been called upon to determine Summons dated 26th July 2014 for Confirmation of Grant of letters of administration to the Estate of M’Rimbere M’Ikunyua, (the deceased). In these proceedings, I have also to determine the protest herein. But I note a major lapse. The Petitioners averred that ABOTHUGUCHI/GAITU/119 was subdivided by the deceased and resultant subdivisions from No 1458-1464 were registered to the respective beneficiaries herein. According to the Petitioners, ABOTHUGUCHI/GAITU/1461 was given to and registered in the name of the Protestor. However, the Petitioners provided to the court the land registry record for the said parcels except ABOTHUGUCHI/GAITU/1461. As this parcel is one of the properties which are said to have been settled or given by the deceased during his lifetime to the protestor herein and so section 42 of the Law of Succession Act will come into play in the distribution of the estate as such property shall be taken into account in determining the share of the net intestate estate finally accruing to that beneficiary.Accordingly, in order to fully determine the confirmation application as well as the protest, it is absolutely important that the registry record in respect of ABOTHUGUCHI/GAITU/1461 is provided to this court. I, therefore, order the Petitioners to file the registry record for ABOTHUGUCHI/GAITU/1461 within 7 days of today. Upon receipt of the said record, I shall deliver the final judgment on distribution of this estate. It is so ordered.
Dated, signed and delivered in open court at Meru this 24th day of April 2017
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F. GIKONYO
JUDGE
Ruling delivered in open Court in the presence of:-
Mrs Ntarangwi for petitioner
Baithabu for protestor- absent.
C.C . Mwenda
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F. GIKONYO
JUDGE