[2019] KEHC 809 (KLR)
The court found that while certificates of official search confirmed the deceased's ownership of L.R. NO. Kisumu/Bar/667 and L.R. NO. Kisumu/Bar/690, there was insufficient verification regarding L.R. NO. Kisumu/Bar/1020 and L.R. NO. Kisumu/Bar/1035. The administrators failed to file a search certificate for L.R....
Source-derived case information.
- Citation
- [2019] KEHC 809 (KLR)
- Parties
- Applicant: Kennedy Odhiambo Anyange; Respondent: Hesbon Sakwa Ajuoga
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 742 of 2010
- Procedural Posture
- Succession Cause / Interlocutory Judgment
- Outcome
- Further evidence required before final determination.
- Legal Topics
- Succession, Administration of Estates, Grant of Letters of Administration, Land Title Verification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Odhiambo Anyange
Applicant
Hesbon Sakwa Ajuoga
Respondent
Procedural Posture
Succession Cause / Interlocutory Judgment
Legal Issues
- 1 Whether the listed land parcels form part of the estate of Nashon Ajuoga Nyanjira (deceased).
- 2 Whether the administrators properly verified ownership of all land parcels before distribution of the estate.
Ratio Decidendi
The court found that while certificates of official search confirmed the deceased's ownership of L.R. NO. Kisumu/Bar/667 and L.R. NO. Kisumu/Bar/690, there was insufficient verification regarding L.R. NO. Kisumu/Bar/1020 and L.R. NO. Kisumu/Bar/1035. The administrators failed to file a search certificate for L.R. NO. Kisumu/Bar/1020 prior to its transfer, and L.R. NO. Kisumu/Bar/1035 was registered in names other than the deceased. To ensure a fair and lawful distribution of the estate, the court directed the 2nd Petitioner/Objector to produce the Green Cards for all four parcels to conclusively determine their ownership and inclusion in the estate.
Court Disposition
Further evidence required before final determination.
Orders
- The 2nd Petitioner/Objector is directed to avail the Green Cards for L.R. NO. Kisumu/Bar/667, L.R. NO. Kisumu/Bar/690, L.R. NO. Kisumu/Bar/1020, and L.R. NO. Kisumu/Bar/1035.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
(CORAM: CHERERE-J)
SUCCESSION CAUSE NO. 742 OF 2010
IN THE MATTER OF THE ESTATE OF NASHON AJUOGA NYANJIRA (DECEASED)
BETWEEN
KENNEDY ODHIAMBO ANYANGE........2ND PETITIONER/ OBJECTOR
AND
HESBON SAKWA AJUOGA....................1ST PETITIONER/RESPONDENT
JUDGMENT
1. I have perused this file in respect of the estate of NASHON AJUOGANYANJIRA (deceased).
2. Certificates of official search filed on 25th demonstrate that for land parcels L.R. NO. Kisumu/Bar/667 and L.R. NO. Kisumu/Bar/690 belong to the deceased.
3. The Administrators did not file a search certificate for land parcelL.R. NO. Kisumu/Bar/1020 prior to its transfer to their names whereas L.R. NO. Kisumu/Bar/1035 is in the name of Anyange Ajuoga and Okeyo Ajuoga and not the deceased herein.
4. To assist the court arrive at a well-considered decision, the2nd Petitioner/ Objector is directed to avail the Green Cards for:
1) L.R. NO. Kisumu/Bar/667
2) L.R. NO. Kisumu/Bar/690
3) L.R. NO. Kisumu/Bar/1020
4) L.R. NO. Kisumu/Bar/1035
DELIVERED AND SIGNED AT KISUMU THIS 19thDAY OF December,2019
T. W. CHERERE
JUDGE
READ IN OPEN COURT IN THE PRESENCE OF-
Court Assistants - Amondi/Okodoi
2nd Petitioner/ Objector - Present in person
1st Petitioner/Respondent -