[2024] KEHC 7437 (KLR)
The court found that the application was merited as it sought to implement the amended decree issued on 2nd December 2014, which had revoked the previous grant and ordered the suit property to be divided among the three siblings. The respondent had not opposed the application, and the applicant's difficulties in...
Source-derived case information.
- Citation
- [2024] KEHC 7437 (KLR)
- Parties
- Applicant: Kariuki Nguithi; Respondent: Martha Wangari Mwangi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 3160 of 2003
- Procedural Posture
- Succession Cause / Ruling on Post Revocation Application for Restoration and Subdivision of Property
- Outcome
- Application allowed.
- Judges
- HK Chemitei
- Legal Topics
- Revocation of Grant, Restoration of Title, Subdivision of Land, Execution of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kariuki Nguithi
Applicant
Martha Wangari Mwangi
Respondent
Procedural Posture
Succession Cause / Ruling on Post Revocation Application for Restoration and Subdivision of Property
Legal Issues
- 1 Whether the court should order the restoration of land parcel Kakuzi/Kirimiti Block 9/933 to the name of the deceased following revocation of grant.
- 2 Whether all partitions, subdivisions, and transfers of the said land after the revocation should be cancelled.
- 3 Whether the Land Registrar should be directed to effect the court's orders.
Ratio Decidendi
The court found that the application was merited as it sought to implement the amended decree issued on 2nd December 2014, which had revoked the previous grant and ordered the suit property to be divided among the three siblings. The respondent had not opposed the application, and the applicant's difficulties in executing the decree were due to the Land Registrar's requirement for a direct court order. The court held that all subdivisions, partitions, and transfers of the property made after the revocation of the grant were contrary to its orders and must be cancelled. The Land Registrar was directed to restore the property to the deceased's name and subdivide it into three equal portions...
Court Disposition
Application allowed.
Orders
- All titles resulting from any subdivision, partition, or transfer of land parcel Kakuzi/Kirimiti Block 9/933 are cancelled.
- The Land Registrar, Thika, shall restore title number Kakuzi/Kirimiti Block 9/933 and subdivide it into three equal portions as per the amended decree dated 2nd December 2014.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of the Late Joyce Wanjiku Muturi (Deceased) (Succession Cause 3160 of 2003) [2024] KEHC 7437 (KLR) (Family) (20 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7437 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 3160 of 2003
HK Chemitei, J
June 20, 2024
Between
Kariuki Nguithi
Applicant
and
Martha Wangari Mwangi
Respondent
Ruling
1. In his application dated 19th May 2021 the Applicant prays for orders that:-(a)Pursuant to the revocation of grant on 2nd December 2014 a further order be made reverting land parcel no Kakuzi /Kirimiti Block 9/933 in the name of the deceased Joyce Wanjiku Muturi.(b)An order be made cancelling any and all partitions, subdivisions, transfer or any other dealings in respect to land parcel number Kakuzi /Kirimiti Block 9/933. (c)The Land Registrar Thika be directed to effect the orders/prayers in (a) and (b) above if granted.
2. The Applicant prays for costs to be awarded to him.
3. The application is supported by the sworn affidavit of the Applicant as well as the supporting affidavit of Lucy Njeri Nguithi his sister.
4. The application is actually a follow up to the ruling of this court dated 2nd December 2014 in which the court cancelled the grant confirmed and dated 28th May 1999 and order the suit property namely Kakuzi /Kirimiti block 9/933 to be divided among the three siblings.
5. It appears that the Applicant faced hurdles in carrying out the decree and order of this court as the land Registrar demanded a direct order from this court. It further appears that the Respondent went ahead to carry out further subdivisions contrary to the orders of this court.
6. There was no response from the Respondent despite being served.
7. Having looked at the amended decree of this court dated 2nd December 2014 I find that there is merit in the application as the prayers are in line with it.
8. In the premises the application is hereby allowed as follows:-(a)All titles emanating from any subdivision, partitions and or transfer of land parcel number Kakuzi /Kirimiti/Block 9/933 are hereby cancelled for all intend and purposes.(b)The Land Registrar Thika land registry shall after the above cancellation ensure that title number Kakuzi /Kirimiti Block 9/933 is restored and the same shall be sub divided into three equal portions in line with the amended decree from this court dated 22nd December 2014. (c)The Applicant shall have the costs of this application.
DATED SIGNED AND DELIVERED VIA VIDEO LINK THIS 20THDAY OF JUNE 2024. H K CHEMITEIJUDGE