[2023] KEHC 18633 (KLR)
The court found that the transfer and registration of Land Parcel No Kapkoi/Mabonde/Block 1/Ex-Prison/138 to Austine Auma Kapere was unlawful as it occurred before the grant was confirmed, contrary to Section 45 of the Law of Succession Act. The court held that such premature dealings with estate property are void...
Source-derived case information.
- Citation
- [2023] KEHC 18633 (KLR)
- Parties
- Petitioner: Austine Auma Kapere; Applicant: George Kapere; Applicant: Mildred Kapere
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 65 of 1996
- Procedural Posture
- Succession Cause / Ruling on Revocation of Grant and Cancellation of Title
- Outcome
- grant revoked, title transfer cancelled, file closed
- Judges
- RE Aburili
- Legal Topics
- Succession of Estates, Revocation of Grant, Administration of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Austine Auma Kapere
Petitioner
George Kapere
Applicant
Mildred Kapere
Applicant
Procedural Posture
Succession Cause / Ruling on Revocation of Grant and Cancellation of Title
Legal Issues
- 1 Whether the transfer and registration of estate property before confirmation of grant was lawful.
- 2 Whether the grant issued to the administrators should be revoked due to procedural irregularities.
- 3 Whether the summons for confirmation of grant was premature.
Ratio Decidendi
The court found that the transfer and registration of Land Parcel No Kapkoi/Mabonde/Block 1/Ex-Prison/138 to Austine Auma Kapere was unlawful as it occurred before the grant was confirmed, contrary to Section 45 of the Law of Succession Act. The court held that such premature dealings with estate property are void and warrant revocation of both the transfer and the grant. The court further determined that the summons for confirmation of grant was premature since the estate was not fully available for distribution. Consequently, the court revoked the grant issued to all administrators and ordered that the beneficiaries petition afresh for a new grant after rectification of the title. The...
Court Disposition
grant revoked, title transfer cancelled, file closed
Orders
- Transfer and registration of Land Parcel No Kapkoi/Mabonde/Block 1/Ex-Prison/138 to Austine Auma Kapere revoked and cancelled.
- Title to revert to the estate of Penina Chepkoech Kapere.
Full Case Text
Judgment text and source record
26 paragraphs
In re Estate of Penina Chepkoech Kapere (Deceased) (Succession Cause 65 of 1996) [2023] KEHC 18633 (KLR) (5 June 2023) (Ruling)
Neutral citation: [2023] KEHC 18633 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 65 of 1996
RE Aburili, J
June 5, 2023
IN THE MATTER OF THE ESTATE OF: PENINA CHEPKOECH KAPERE (DECEASED)
Between
Austine Auma Kapere
Petitioner
and
George Kapere
1st Applicant
Mildred Kapere
2nd Applicant
Ruling
1. In this succession cause, as part of the estate was erroneously transferred and registered in the name of the previous administrator Mr. Austine Auma Kapere before the grant issued to him was confirmed by the court contrary to Section 45 of the Law of Succession Act, I hereby proceed and revoke and cancel the transfer and registration of title to Land Parcel No Kapkoi/Mabonde/Block 1/Ex-Prison/138 in the name of Austine Auma Kapere and order that the said registration and title shall revert back to the estate of the deceased Penina Chepkoech Kapere, to be administered and distributed in accordance with the law.
2. This order to be served upon the Land Registrar Trans Nzoia County, to effect the cancellation/revocation and reversion of the said title back to Penina Chepkoech Kapere.
3. In the meantime, as the summons for confirmation of grant dated June 7, 2022 is premature since part of the estate is not yet available for distribution to the beneficiaries, the said summons for confirmation of grant dated June 7, 2022 is hereby struck out.
4. In addition, as the administrators herein were enjoined to these proceedings to administer the estate part of which was erroneously registered in the name of one of the beneficiaries following the initial grant, I hereby on my own motion revoke the grant issued to the three administrators namely, Austine Auma Kapere, George Kapere and Mildred Achieng Kapere.
5. Having revoked the grant, nothing remains on the record. I order that the beneficiaries of the estate of the deceased now petition for a fresh grant of representation of the estate of the deceased Penina Chepkoech Kapere after the revocation/cancellation of the title No Kapkoi/Mabonde/Block 1/Ex- Prison/138.
6. This file is accordingly closed save that it will serve as an institutional memory for the fresh petition which shall be filed in a separate file.
7. I so order.
8. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 5TH DAY OF JUNE, 2023R. E. ABURILIJUDGE