[2019] KEHC 4341 (KLR)

[2019] KEHC 4341 (KLR)

The court found that the applicants had not established that the administrator had failed in his official duties to distribute the estate, as he remained willing to proceed with the transmission provided the beneficiaries met the associated costs. The court held that substantial changes to the confirmed grant, such...

Source-derived case information.

Citation
[2019] KEHC 4341 (KLR)
Parties
Applicant: Mary Rose Namu; Applicant: Elizabeth Ciungu; Respondent: Kithaka Nthakanio
Court
High Court
Court Station
High Court at Embu
Jurisdiction
Kenya
Case Number
Separation Cause 288 of 2013
Procedural Posture
Succession Cause / Ruling on Chamber Summons for Cancellation of Title and Amendment of Grant
Outcome
Application partially allowed with operative orders for transmission and trust, but amendment of grant denied.
Judges
FN Muchemi
Legal Topics
Succession, Probate and Administration, Transmission of Land, Amendment of Grant
Source Language
en
Family and Children Succession Probate and Administration Transmission of Land Amendment of Grant

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mary Rose Namu

Applicant

Elizabeth Ciungu

Applicant

Kithaka Nthakanio

Respondent

Procedural Posture

Succession Cause / Ruling on Chamber Summons for Cancellation of Title and Amendment of Grant

Legal Issues

  1. 1 Whether the title deed registered in the respondent's name should be cancelled and reinstated in the name of the deceased to facilitate transmission to beneficiaries.
  2. 2 Whether the grant should be amended to replace deceased beneficiaries with new individuals as per the applicants' request.
  3. 3 Whether the administrator has failed in his duties to distribute the estate to the rightful beneficiaries.

Ratio Decidendi

The court found that the applicants had not established that the administrator had failed in his official duties to distribute the estate, as he remained willing to proceed with the transmission provided the beneficiaries met the associated costs. The court held that substantial changes to the confirmed grant, such as replacing deceased beneficiaries with new individuals, could not be effected through a mere amendment but required a formal application for review. The court further noted that the applicants were satisfied with the mode of distribution in the confirmed grant and that the main issue was the execution of transmission, not the distribution itself. The court declined to make...

Court Disposition

Application partially allowed with operative orders for transmission and trust, but amendment of grant denied.

Orders

  • Any caution placed on L.R. No. Kagaari/Weru/505 by any respondent is lifted to facilitate distribution.
  • The respondent is directed to sign all transmission documents to facilitate transfer of the suit property; if he fails, the Deputy Registrar is authorized to sign.