[2023] KEHC 21225 (KLR)
The court found that the applicants, as undisputed beneficiaries, were not provided for in the original Certificate of Confirmation of Grant. The court determined that it could not make an informed decision on the distribution of the estate without full disclosure of the current registration status of the...
Source-derived case information.
- Citation
- [2023] KEHC 21225 (KLR)
- Parties
- Applicant: Lydia Kanini Phares; Applicant: Rosemary Kangai Nyaga; Respondent: John Marangu Nyaga
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 123 of 1993
- Procedural Posture
- Succession Cause / Directions
- Outcome
- Directions issued; orders of inhibition granted; matter set for mention to confirm compliance.
- Judges
- TW Cherere
- Legal Topics
- Succession of Estates, Distribution of Estate, Beneficiaries Rights, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lydia Kanini Phares
Applicant
Rosemary Kangai Nyaga
Applicant
John Marangu Nyaga
Respondent
Procedural Posture
Succession Cause / Directions
Legal Issues
- 1 Whether the applicants, as beneficiaries, were properly provided for in the distribution of the deceased's estate.
- 2 Whether the respondent has complied with court directions to provide documentation regarding the estate's assets and their current registration status.
- 3 Whether orders of inhibition should issue to preserve the estate assets pending determination of the notice of motion.
Ratio Decidendi
The court found that the applicants, as undisputed beneficiaries, were not provided for in the original Certificate of Confirmation of Grant. The court determined that it could not make an informed decision on the distribution of the estate without full disclosure of the current registration status of the partitioned assets. Accordingly, the respondent was directed to provide search certificates and ownership documents for all relevant properties and shares. To preserve the estate and prevent any dealings that could prejudice the applicants' interests, the court issued orders of inhibition over the listed assets pending the determination of the substantive application. The matter was set...
Court Disposition
Directions issued; orders of inhibition granted; matter set for mention to confirm compliance.
Orders
- Respondent to file and serve search certificates and ownership documents for specified assets within 30 days.
- Orders of inhibition to issue restricting any dealings with the listed estate assets pending determination of the notice of motion dated January 12, 2023.
Full Case Text
Judgment text and source record
25 paragraphs
In re Estate of Phares Nyaga Mutunga (Deceased) (Succession Cause 123 of 1993) [2023] KEHC 21225 (KLR) (27 July 2023) (Directions)
Neutral citation: [2023] KEHC 21225 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 123 of 1993
TW Cherere, J
July 27, 2023
Between
Lydia Kanini Phares
1st Applicant
Rosemary Kangai Nyaga
2nd Applicant
and
John Marangu Nyaga
Petitioner
Directions
1. Respondent does not deny that the Applicants are his sisters and beneficiaries of deceased’s estate.
2. The Certificate of Confirmation of Grant dated August 4, 1994 clearly discloses that Applicants were not provided for.
3. For the court to make an informed decision in this matter, the Respondent was by notice dated July 19, 2023 requested to provide green cards for the following assets:a.LR Mwimbi/Chogoria/1544b.LR Mwimbi/Chogoria/1545c.LR Mwimbi/Chogoria/1546d.LR Mwimbi/Chogoria/1548
4. The green cards filed on July 25, 2023 reveal as follows:a.LR Mwimbi/Chogoria/1544 was registered in the name of John Marangu on October 21, 1994b.LR Mwimbi/Chogoria/1545 was partitioned into title numbers 5802 and 5803c.LR Mwimbi/Chogoria/1546 was partitioned into title numbers 5800 and 5801d.LR Mwimbi/Chogoria/1548 was partitioned into title numbers 5794 to 5799
5. Flowing from the green cards, this court finds that it cannot make an informed decision without confirming in whose names the partitions arising from deceased’s estate are registered.
6. The Respondent is hereby directed to within 30 days of today’s date file and serve the following documents:1. Search certificate for LR Mwimbi/Chogoria/15442. Search certificates for LR Mwimbi/Chogoria/5802 and LR Mwimbi/Chogoria/58033. Search certificates for LR Mwimbi/Chogoria/5800 and LR Mwimbi/Chogoria/58014. Search certificates for LR Mwimbi/Chogoria/5794, LR Mwimbi/Chogoria/5795, LR Mwimbi/Chogoria/5796, LR Mwimbi/Chogoria/5797, LR Mwimbi/Chogoria/5798 and LR Mwimbi/Chogoria/57995. Ownership documents for the following assets:i.Plot No 120 Chuka Townshipii.Plot No 9 Mabeche Market6. Share certificates No xxxx. xxxx and xxxx with Kenya Commercial Bank
7. Further to the foregoing, it is further ordered that pending the determination of the notice of motion dated January 12, 2023, orders of inhibition shall issue restricting any dealings with:i.LR Mwimbi/Chogoria/1544ii.LR Mwimbi/Chogoria/5802iii.LR Mwimbi/Chogoria/5803iv.LR Mwimbi/Chogoria/5800v.LR Mwimbi/Chogoria/5801vi.LR Mwimbi/Chogoria5794vii.LR Mwimbi/Chogoria/5795viii.LR Mwimbi/Chogoria/5796ix.Mwimbi/Chogoria/5797x.LR Mwimbi/Chogoria/5798xi.LR Mwimbi/Chogoria/5799xii.Plot No 120 Chuka Townshipxiii.Plot No 9 Mabeche Market
8. Mention on October 26, 2023 to confirm compliance with these orders and for directions and/or further orders
DATED AT MERU THIS 27TH DAY OF JULY 2023WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant - Morris KinotiFor Applicants - Mr. Gitari for Nathan Mwaura & Co. AdvocatesFor Respondent - Mr. Ngugi for Kimathi for L.Kimathi Kiara & Co. Advocates