[2017] KEHC 7142 (KLR)
The court held that a limited grant colligenda bona cannot be rectified to permit the sale or transfer of immovable property. Such a grant is restricted to the collection and preservation of the deceased's assets. The Law of Succession Act expressly prohibits the sale or transfer of estate property until a full...
Source-derived case information.
- Citation
- [2017] KEHC 7142 (KLR)
- Parties
- Applicant: Applicant; Respondent: Respondent
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1910 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Limited Grant
- Outcome
- application dismissed
- Legal Topics
- Succession of Estates, Limited Grant Colligenda Bona, Confirmation of Grant, Sale of Estate Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Applicant
Applicant
Respondent
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Limited Grant
Legal Issues
- 1 Whether a limited grant colligenda bona can be rectified to allow the sale or transfer of immovable property before confirmation of grant.
- 2 Whether the applicants can rely on the cited provisions to facilitate the sale of the suit property without a full grant.
Ratio Decidendi
The court held that a limited grant colligenda bona cannot be rectified to permit the sale or transfer of immovable property. Such a grant is restricted to the collection and preservation of the deceased's assets. The Law of Succession Act expressly prohibits the sale or transfer of estate property until a full grant is obtained and confirmed. The applicants must therefore apply for a full grant and its confirmation before any sale or transfer of the suit property can be effected. The application for rectification of the limited grant was accordingly denied.
Court Disposition
application dismissed
Orders
- The application for rectification of the limited grant is denied.
- Applicants to file for full grant and confirmation of grant to facilitate the sale of the suit property.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 1910 OF 2014
IN THE MATTER OF THE ESTATE OF PETER WANJAMA WATHEURIAliasPETER WANJAMA (DECEASED)
RULING
The Applicant filed under certificate of urgency on 13th December, 2016 on the following grounds that;
1. The property known as Nairobi Land Reference Number 36/250/1 (Original Number 330/184/2) (“the property”) is registered in the name of fourteen (14) individuals as tenants in common.
2. Eight (8) of the registered proprietors are deceased and their respective beneficiaries together with the living proprietors agreed to sell the property to a third party and limited grants were obtained to actualize this intention.
3. The limited grants obtained in the succession cases for the eight (8) deceased proprietors, including the cause before this Honourable Court did not provide for or allow the transfer of the property.
The application is with regard to the following Court files;
a. Succession Cause No. 1347 of 2014
b. Succession Cause No. 1348 of 2014
c. Succession Cause No. 1349 of 2014
d. Succession Cause No. 1350 of 2014
e. Succession Cause No. 1351 of 2014
f. Succession Cause No. 1352 of 2014
g. Succession Cause No. 1353 of 2014 (not retrieved and/or found)
The application is not granted because the rectification sought is to transform the limited grant colligenda bona which is for the purpose of gathering and collecting the assets that comprise of the deceased’s estate and not to facilitate sale of property. The limited grant cannot legally be amended to allow sale or transfer of the suit property L.R 36/250/IR 330/184/2. The Applicants cannot rely on the provisions cited as the sale and transfer of immovable property is not allowed until a full grant is obtained under Section 67 Law of Succession Act Cap 160 and the grant is confirmed. This is provided by Section 55 (1) and Section 82 (b) (ii) of Law of Succession Act Cap 160. The Applicants to file for full grant and confirmation of grant to facilitate the sale of the suit property.
DELIVERED SIGNED & DATED AT NAIROBITHIS 20TH DAY OF FEBRUARY 2017.
M. W. MUIGAI
JUDGE
IN THE PRESENCE OF:
...........................................................................................
……………………………………………………………