[2024] KEHC 13180 (KLR)
The court found that there was an error apparent on the face of the record regarding the deceased's share in Land Parcel Subukia/SubukiaWest/Block 1/7, as both the applicant and the administrator acknowledged the correct share to be four and a half acres. The administrator did not oppose the application for review,...
Source-derived case information.
- Citation
- [2024] KEHC 13180 (KLR)
- Parties
- Applicant: Mary Lucy Muthoni; Respondent: Nina Grace Wango; Interested Party: Edwards Gali Wango
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 655 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Review of Confirmed Grant
- Outcome
- application for review allowed; certificate of confirmed grant reviewed; land to be sold and proceeds shared equally among beneficiaries; interim orders vacated; no order as to costs.
- Judges
- SM Mohochi
- Legal Topics
- Confirmation of Grant, Review of Court Orders, Distribution of Estate, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Lucy Muthoni
Applicant
Nina Grace Wango
Respondent
Edwards Gali Wango
Interested Party
Procedural Posture
Succession Cause / Ruling on Application for Review of Confirmed Grant
Legal Issues
- 1 Whether the certificate of confirmed grant should be reviewed to reflect the correct share of the deceased in Land Parcel Subukia/SubukiaWest/Block 1/7.
- 2 Whether the proceeds from the sale of the land parcel should be shared equally among the beneficiaries.
- 3 Whether interim orders previously granted should be vacated.
Ratio Decidendi
The court found that there was an error apparent on the face of the record regarding the deceased's share in Land Parcel Subukia/SubukiaWest/Block 1/7, as both the applicant and the administrator acknowledged the correct share to be four and a half acres. The administrator did not oppose the application for review, and all parties agreed on the actual entitlement. The court held that it was just and proper to review the certificate of confirmed grant to reflect the correct share and to order that the land be sold with proceeds shared equally among the beneficiaries. The court also vacated any interim orders previously granted and directed that any disputes regarding subdivision be...
Court Disposition
application for review allowed; certificate of confirmed grant reviewed; land to be sold and proceeds shared equally among beneficiaries; interim orders vacated; no order as to costs.
Orders
- The certificate of confirmed grant dated 2nd April 2024 is reviewed in relation to Land Parcel Subukia/SubukiaWest/Block 1/7 to reflect a share of four and a half (4.5) acres.
- The land parcel is to be sold and proceeds shared equally among the listed beneficiaries.
Full Case Text
Judgment text and source record
27 paragraphs
In re Estate of the Late Mary Nansubuga Wango (Succession Cause 655 of 2014) [2024] KEHC 13180 (KLR) (30 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13180 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 655 of 2014
SM Mohochi, J
October 30, 2024
IN THE MATTER OF THE ESTATE OF THE LATE MARY NANSUBUGA WANGO
Between
Edwards Gali Wango
1st Interested Party
Mary Lucy Muthoni
2nd Interested Party
and
Nina Grace Wango
Administrator
Ruling
1. Before this Court for determination is the Chamber Summons application for review of ruling by Mary Lucy Muthoni, dated 11th July, 2024 seeking review of confirmation of the grant made on 2nd April 2024 in relation to the Land Parcel Subukia/SubukiaWest/Block 1/7 to the extent that the deceased share thereon was four and a half (4. 5) acres.
2. The Application was conceded to in the undated Sworn Affidavit filed 17th September 2024 and written submissions of Nina Grace Wango the Administrator, filed on the 1st October 2024.
3. The Court will thus Allow the Summons dated 11th July, 2024 on the following terms;a.The Certificate of Confirmed grant dated 2nd April 2024 is hereby reviewed in relation to Land Parcel Subukia/SubukiaWest/Block 1/7 in as follows:
Subukia/Subukia West Block 1/7(Comprising of a portion of four and a half (4. 5) acres thereon) • Nina Grace Wango,• Lydia Galiwango• Juliet• Galiwango, Navil• Makalima,• Doreen• Kabula,Daphine• Kabula,Marvin• Makanga, Sharon• Nakame,Jethro• Barak,Lydia• Wango,Dimpo• Wango,• Samuel Wango,• Mariam Nakiyingi,• Sebyala Geoffrey,• Fred Wango,• Victoria Nabutono To be sold and proceeds shared Equally among beneficiaries.
4. Any interim orders granted on the Application dated 11th July, 2024 are hereby vacated.
5. With regards to any dispute surrounding the subdivision of the portion of four and a half (4. 5) acres from Land Parcel Subukia/Subukia-West/Block 1/7, this Court shall urge the Administrator to move the appropriate Court for the relief on use of land.
6. With regards to the subsequent Application dated 17th September 2024, the same shall be assigned a mention date for directions on hearing and disposal.
7. There shall be no costs, as the proceedings and all submissions had acknowledged the actual and true share of the deceased estate on Land Parcel Subukia/SubukiaWest/Block 1/7 and that the error was apparent on record and was never occasioned by the Administrator and that this being a family matter.
Orders accordingly.
SIGNED, DATED AND DELIVERED AT NAKURU ON THIS 30THDAY OF OCTOBER 2024. MOHOCHI S. M.JUDGE