[2018] KEHC 5890 (KLR)
The court found that the property known as KITUTU/BOMATARA/1620 was transferred and subdivided without a certificate of confirmation of grant as required by law. Such actions are expressly prohibited under sections 45 and 82 of the Law of Succession Act. The court held that all subdivisions and transfers made in...
Source-derived case information.
- Citation
- [2018] KEHC 5890 (KLR)
- Parties
- Applicant: Paul Moses Osoro; Applicant: Daniel Omeka Osoro; Applicant: Peter Boit Osoro; Respondent: James Nyangaresi Osoro
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 333 of 1995
- Procedural Posture
- Succession Cause / Ruling
- Outcome
- grant revoked; subdivisions cancelled; new administrators appointed
- Judges
- DAS Majanja
- Legal Topics
- Succession, Grant Revocation, Estate Administration, Illegal Transfer of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Moses Osoro
Applicant
Daniel Omeka Osoro
Applicant
Peter Boit Osoro
Applicant
James Nyangaresi Osoro
Respondent
Procedural Posture
Succession Cause / Ruling
Legal Issues
- 1 Whether the transfer and subdivision of property KITUTU/BOMATARA/1620 without a certificate of confirmation of grant was lawful.
- 2 Whether the grant issued to James Nyangaresi Osoro should be revoked.
Ratio Decidendi
The court found that the property known as KITUTU/BOMATARA/1620 was transferred and subdivided without a certificate of confirmation of grant as required by law. Such actions are expressly prohibited under sections 45 and 82 of the Law of Succession Act. The court held that all subdivisions and transfers made in contravention of these provisions are null and void. Consequently, the grant issued to James Nyangaresi Osoro was revoked, and new administrators were appointed to manage the estate in accordance with the law.
Court Disposition
grant revoked; subdivisions cancelled; new administrators appointed
Orders
- All subdivisions of WEST KITUTU/BOMATARA/1620 are declared void and cancelled.
- The grant issued to James Nyangaresi Osoro is revoked.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
SUCCESSION CAUSE NO. 333 OF 1995
IN THE MATTER OF THE ESTATE OF OSORO MATARA (DECEASED)
BETWEEN
PAUL MOSES OSORO
DANIEL OMEKA OSORO
PETER BOIT OSORO...............................APPLICANTS
AND
JAMES NYANGARESI OSORO............RESPONDENT
RULING
There is clear evidence from the County Land Registrar that the property known as KITUTU/BOMATARA/1620 was improperly and illegally transferred to third parties without a certificate of confirmation of grant issued by this court.
In light of section 45 as read with section 82 of the Law of Succession Act, the transfer with subsequent subdivisions are null and void. Accordingly, all subdivisions of WEST KITUTU/BOMATARA/1620 are hereby declared void and are cancelled.
The grant issued to James Nyangaresi Osoro is hereby revoked.
A grant shall now issue to Daniel Omeka Osoro and Albert Nyakundi Osoro are hereby appointed as administrators. They shall apply for confirmation within 30 days.
D.S MAJANJA
JUDGE
26/6/2018
[Ruling read and delivered in open Court]
D.S MAJANJA
JUDGE
26/6/2018