[2018] KEHC 5184 (KLR)
The court found that the applicant, Pius Wachira Mwangi, had proved the sale of the suit land by the deceased through oral and documentary evidence, including a sale agreement and corroborating affidavits. The deceased was the sole registered owner, died intestate, had no spouse, children, or other dependents, and...
Source-derived case information.
- Citation
- [2018] KEHC 5184 (KLR)
- Parties
- Applicant: Pius Wachira Mwangi
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 411 of 2015
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- Summons for confirmation of grant allowed. Sole property devolves to applicant.
- Judges
- K Kimondo
- Legal Topics
- Intestate Succession, Confirmation of Grant, Sale of Land by Deceased, Administrator Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pius Wachira Mwangi
Applicant
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Whether the administrator proved the sale of the suit land to himself by the deceased.
- 2 Whether the administrator is entitled to have the sole property devolve to him under intestate succession.
Ratio Decidendi
The court found that the applicant, Pius Wachira Mwangi, had proved the sale of the suit land by the deceased through oral and documentary evidence, including a sale agreement and corroborating affidavits. The deceased was the sole registered owner, died intestate, had no spouse, children, or other dependents, and the applicant had provided care for the deceased. The court was satisfied that the applicant paid valuable consideration for the land and that the conveyance was genuine. Since there was no contest to the succession cause and the issue of sale was straightforward, the court determined it was competent to confirm the grant and order the property to devolve wholly to the applicant.
Court Disposition
Summons for confirmation of grant allowed. Sole property devolves to applicant.
Orders
- The summons dated 8th December 2016 is allowed.
- The sole property known as Loc.15/Kangure/2363 shall devolve wholly to Pius Wachira Mwangi.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
SUCCESSION CAUSE NO. 411 OF 2015
RE ESTATE OF MWANGI MACHARIA (DECEASED)
JUDGMENT
1. The deceased died intestate. From the oral and documentary evidence, he was an only child, remained unmarried and had no other dependents.
2. The deceased was the registered owner of a parcel of land described as Loc.15/Kangure/2363 [hereafter the suit land]. The land measures approximately 2. 25 hectares.
3. The administrator is Pius Wachira Mwangi. He wears two hats: That of a creditor by virtue of a sale agreement for the suit land; and, the proposed administrator of the estate.
4. The cause is not opposed. But in view of the alleged sale, and in the interests of justice, I directed the administrator to testify on oath. He bought the land for Kshs 50,000 on 16th October 2006. He said that he took care of the deceased who was ailing; and, that he allowed the deceased to be interred on the suit land.
5. He called one other witness, Nicholas Maina Wachira. In addition, there is a deposition by the administrator in support of the summons for confirmation of grant dated 8th December 2016; and, a further affidavit sworn on 10th January 2018. There is also a verifying affidavit by his counsel of record, Mr. Jeremiah Mbuthia, sworn on 11th June 2018. The latter attested to the sale agreement.
6. The issue for determination is whether the administrator proved the sale. Rule 40 (3) of the Probate and Administration Rules empowers the succession court to deal with the matter; or, to refer such a dispute to a civil court; in this case, the Environment and Land Court. This cause was duly gazetted; has not been contested; and, the issue of sale is fairly straightforward. I am thus well placed to determine the matter.
7. I am satisfied from the oral evidence and the sale agreement (exhibit 3) that the administrator paid valuable consideration for the land on 16th October 2004. The conveyance was corroborated by the deposition of counsel, Mr. Jeremiah Mbuthia, sworn on 11th June 2018. From the search certificate (exhibit 2) the deceased was the registered owner of the suit land. He died on 8th January 2006 before effecting the transfer.
8. I am also satisfied from the evidence of Nicholas Maina Wachira (PW2) and the letter dated 8th December 2017 from the area chief (exhibit 4) that the deceased was the only child, never married and had no known dependents.
9. I allow the summons dated 8th December 2016. The sole property known as Loc.15/Kangure/2363 shall devolve wholly to Pius Wachira Mwangi.
9. The grant shall be confirmed in terms of this judgment.
It is so ordered.
DATED, SIGNED and DELIVERED at MURANG’Athis 25th day of July 2018.
KANYI KIMONDO
JUDGE
Judgment read in open court in the presence of:
Mr. Pius Wachira Mwangi (The administrator).
Ms. Dorcas and Mr. Kiberenge, Court Clerks.