[2010] KEHC 2223 (KLR)
The court found that the suit properties, Title Numbers Subukia/Subukia Block 9/4 and Subukia/Subukia Block 9/8, belonged to the deceased and were unlawfully registered in the name of Rose Wairimu Mbau without a grant of letters of administration. The respondent's assertion that the properties did not form part of...
Source-derived case information.
- Citation
- [2010] KEHC 2223 (KLR)
- Parties
- Administratrix: Susan Nduruki Mbau; Applicant: Rose Wairimu Mbau
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 83 of 2006
- Procedural Posture
- Succession Cause / Ruling on Chamber Summons for Cancellation of Land Registration
- Outcome
- Application allowed. Registration of the suit properties in the respondent's name cancelled. Properties to be distributed to heirs per confirmed grant. Respondent to pay costs.
- Legal Topics
- Administration of Estates, Distribution of Deceased Property, Title Cancellation, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan Nduruki Mbau
Administratrix
Rose Wairimu Mbau
Applicant
Procedural Posture
Succession Cause / Ruling on Chamber Summons for Cancellation of Land Registration
Legal Issues
- 1 Whether the registration of Title Numbers Subukia/Subukia Block 9/4 and Subukia/Subukia Block 9/8 in the name of Rose Wairimu Mbau was unlawful.
- 2 Whether the suit properties form part of the estate of the deceased and should be distributed to all heirs.
Ratio Decidendi
The court found that the suit properties, Title Numbers Subukia/Subukia Block 9/4 and Subukia/Subukia Block 9/8, belonged to the deceased and were unlawfully registered in the name of Rose Wairimu Mbau without a grant of letters of administration. The respondent's assertion that the properties did not form part of the estate was unsubstantiated, especially as she admitted concern over their distribution to all heirs. The court held that such registration was contrary to the Law of Succession Act, and ordered cancellation of the registrations, directing that the properties be distributed to the heirs in accordance with the confirmed grant.
Court Disposition
Application allowed. Registration of the suit properties in the respondent's name cancelled. Properties to be distributed to heirs per confirmed grant. Respondent to pay costs.
Orders
- Registration of Title Numbers Subukia/Subukia Block 9/4 and Subukia/Subukia Block 9/8 in the name of Rose Wairimu Mbau is cancelled.
- The suit properties shall be distributed to the heirs of the deceased in accordance with the Certificate of Confirmation issued on 23rd February 2009.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Succession Cause 83 of 2006
SUSAN NDURUKIMBAU……………..... ADMINISTRATRIX
VERSUS
ROSE WAIRIMU MBAU………...........................APPLICANT
RULING
In her Chamber Summons dated 8th June 2009, Susan Nduruki Mbau the Administratrix of the estate of Stephen Mbau Muticha seeks under Rules 59 and 73 of the Probate and Administration Rules the cancellation of the registration of Title Numbers Subukia/Subukia Block 9/4 and Subukia/Subukia Block 9/8 in the name of Rose Wairumu Mbau on the ground that she unlawfully registered those pieces of land in her name.She deposes in her affidavit in support that those pieces of land form part of the estate of the deceased but the said Rose Wairimu Mbau got them registered in her name without a grant of letters of administration authorizing that.
The application is opposed.In her replying Affidavit, Rose Wairimu Mbau, the respondent avers that the suit pieces of land did not form part of the deceased’s estate and that if they are distributed to all the beneficiaries deceased her house shall be disadvantaged.
I have considered the application and read the file.The deceased in this case died on
22nd March 1986. The respondent got the suit pieces of land registered in her name on24th February 1993. The Respondent has not denied the Administratrix’s claim that the pieces of land belonged to the deceased and not to her.She has only asserted in her replying affidavit that those pieces of land do not form part of the deceased’s estate and that if they are distributed to all the heirs of the deceased her house will be disadvantaged.That averment would not have been necessary if those pieces of land had at any time belonged to the deceased.
For these reasons I allow the application and order that the registration of pieces of land known as Title Numbers Subukia/Subukia Block 9/4 and Subukia/Subukia Block 9/8 in the name of Rose Wairimu Mbau be cancelled and those pieces of land be distributed to the heirs of the deceased in accordance with the Certificate of Confirmation issued by this court on 23rd February 2009. The respondent shall personally pay the costs of this application.
DATED and DELIVERED this 2nd day of July, 2010.
D. K. MARAGA
JUDGE.