[2024] KEHC 2155 (KLR)
The court held that where a deceased person had sold property but failed to transfer it before death, the legal representative of the estate may be compelled to complete the transaction. In this case, the applicant, as the personal representative of the purchaser, is entitled to have the property transferred to her,...
Source-derived case information.
- Citation
- [2024] KEHC 2155 (KLR)
- Parties
- Applicant: Christine Narikulmuran Kantai; Respondent: Ezekiel Olemoi Tampushi
- Court
- High Court
- Court Station
- High Court at Kilgoris
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E001 of 2021
- Procedural Posture
- Succession Cause / Ruling on Chamber Summons for Transfer of Property Prior to Confirmation of Grant
- Outcome
- application allowed
- Judges
- F Gikonyo
- Legal Topics
- Transmission of Land, Succession Administration, Specific Performance, Transfer of Title
- 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
Christine Narikulmuran Kantai
Applicant
Ezekiel Olemoi Tampushi
Respondent
Procedural Posture
Succession Cause / Ruling on Chamber Summons for Transfer of Property Prior to Confirmation of Grant
Legal Issues
- 1 Whether the court should order the transfer and registration of parcel LR No. Transmara/oloontare/58 to the applicant before the conclusion of the succession cause.
- 2 Whether the applicant, as personal representative of the purchaser, is entitled to the property purchased from the deceased but not yet transferred.
Ratio Decidendi
The court held that where a deceased person had sold property but failed to transfer it before death, the legal representative of the estate may be compelled to complete the transaction. In this case, the applicant, as the personal representative of the purchaser, is entitled to have the property transferred to her, especially since there is no objection from the estate or other beneficiaries. The court found it just and proper to order the transfer of LR No. Transmara/oloontare/58 to the applicant prior to the conclusion of the succession cause, to avoid unnecessary delay and prejudice to the applicant. The court emphasized the necessity of a court order to ground the transmission in law...
Court Disposition
application allowed
Orders
- Administrators to transfer parcel LR No. Transmara/oloontare/58 to the applicant, the personal representative of the late Paul Kantai Kisaka.
- No order as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
In re Estate of Tangushi Oloo Nkerient (Deceased) (Succession Cause E001 of 2021) [2024] KEHC 2155 (KLR) (4 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2155 (KLR)
Republic of Kenya
In the High Court at Kilgoris
Succession Cause E001 of 2021
F Gikonyo, J
March 4, 2024
Between
Christine Narikulmuran Kantai
Applicant
and
Ezekiel Olemoi Tampushi
Respondent
Ruling
1. In the chamber summons dated 25. 01. 2024, the applicant is seeking for an order that parcel LR No. Transmara/oloontare/58 be transferred and registered in the name of the applicant herein, Christine Narikulmuran Kantai, before the conclusion of the succession cause. The applicant also sought that the cost of the application be in the cause.
2. The application is based on the grounds set out in the application and the supporting affidavit of Christine Narikulmuran Kantai, the legal administrator of the estate of Paul Kantai Kisaka(deceased) sworn on 25. 01. 2024.
3. The said Paul Kantai Kisaka while alive, purchased parcel number LR. No. Transmara/oloontare/58 a portion of a property from one Tangushi Oloo Nkeriet, whose estate is subject of the instant petition.
4. The said Paul Kantai Kisaka bought the said property from the deceased herein sometime in the year 2002. However, by the time of the death of the said Tangushi Oloo Nkeriet, the same had not transferred the property to the said Paul Kantai Kisaka.
5. The said parcel did not form part of the properties listed for distribution to beneficiaries as required to appear in form number P&A 5.
6. There are several applications by other objectors which have been filed against the petition concerning the other properties forming part of the estate of the deceased and there is a likelihood that the cause may take a long time before the grant is confirmed. This will be detrimental to the interest of the applicant herein who has no interest in the other parcels. At any rate, the petitioner and the other objectors have no issue against the property being transferred to the applicant herein in the premises, it is fit and proper that the application is allowed.
7. The respondent has not filed any replies.
8. On 06. 11. 2023, this court directed that Mireri’s application be allowed specifically on joinder only.
9. The parties have intimated to the court that they have no objection to the property in issue being transferred to the applicant because it had been sold to the late Paul Kantai Kisaka whose personal representative is the applicant.
Analysis and determination 10. In law, the legal representative of the estate of the deceased may be called upon or compelled by the court to perform lawful transactions which the deceased was obliged to perform but for the death. Such transactions should, ordinarily, be settled between the legal representative and the purchaser. But, as the land still stands in the name of the deceased, a court order is necessary to ground the transmission in law and also avoid any mischief. This is one of the areas where the High Court and the ELC may have concurrent jurisdiction depending on the circumstances of the case.
11. Accordingly, as the property is not contested to be estate property, the application by Mireri is allowed. The administrators to transfer parcel LR No. Transmara/oloontare/58- being the property that was sold to the late Paul Kantai Kisaka- to the applicant, the personal representative of the late Paul Kantai Kisaka.
12. No orders as to costs.
DATED, SIGNED, AND DELIVERED AT KILGORIS THROUGH TEAMS APPLICATION, THIS 4TH DAY OF MARCH, 2024…………………………….HON. F. GIKONYO M.JUDGEIn the presence of:C/A – Mr. LekenM/s Mireri for the Applicant – PresentMr. Tampushi (Petitioner) - PresentMr. Chepkemoi for 2nd & 3rd objectors – Present