[2025] KEHC 10452 (KLR)
The court found that the applicant had demonstrated that the original title deeds for the subject parcels were lost and that all reasonable efforts to trace them had failed, including obtaining police abstracts. The court held that, pursuant to its powers under section 47 of the Law of Succession Act and rule 73 of...
Source-derived case information.
- Citation
- [2025] KEHC 10452 (KLR)
- Parties
- Applicant: David Kiplangat Berekei; Administrator: Kiprono Chepkwony (deceased)
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 92 of 2009
- Procedural Posture
- Succession Cause / Ruling on Notice of Motion for Dispensation With Production of Original Title Deeds
- Outcome
- application allowed
- Judges
- JK Sergon
- Legal Topics
- Succession Administration, Lost Title Deeds, Grant Confirmation, Land Registration, Probate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Kiplangat Berekei
Applicant
Kiprono Chepkwony (deceased)
Administrator
Procedural Posture
Succession Cause / Ruling on Notice of Motion for Dispensation With Production of Original Title Deeds
Legal Issues
- 1 Whether the court should issue an order directing the Land Registrar, Kericho to dispense with the production of the original title deeds for land parcels Kericho/Kabianga/906 and Kericho/Kabianga/896 to enable registration of the confirmed grant.
- 2 Whether the court has jurisdiction and power to grant such orders in the context of succession proceedings.
Ratio Decidendi
The court found that the applicant had demonstrated that the original title deeds for the subject parcels were lost and that all reasonable efforts to trace them had failed, including obtaining police abstracts. The court held that, pursuant to its powers under section 47 of the Law of Succession Act and rule 73 of the Probate & Administration Rules, it could make orders necessary to give effect to the administration of the estate. Additionally, section 31(1) of the Land Registration Act empowers the Land Registrar to dispense with the production of a certificate of title in appropriate circumstances. The court concluded that it was just and necessary to order the Land Registrar, Kericho,...
Court Disposition
application allowed
Orders
- An order is issued directing the Land Registrar, Kericho to dispense with the production and/or surrender of the original title deeds for parcels Kericho/Kabianga/906 and Kericho/Kabianga/896 in registration of mutation and transmission documents as per the Certificate of Confirmation of Grant issued on 27th...
- Each party to bear their own costs.
Full Case Text
Judgment text and source record
26 paragraphs
In re Estate of the Late Tapkurgoi w/o Sang (Decesaed) (Succession Cause 92 of 2009) [2025] KEHC 10452 (KLR) (17 July 2025) (Ruling)
Neutral citation: [2025] KEHC 10452 (KLR)
Republic of Kenya
In the High Court at Kericho
Succession Cause 92 of 2009
JK Sergon, J
July 17, 2025
IN THE MATTER OF THE ESTATE OF THE LATE TAPKURGOI W/O SANG (DECEASED)
In the matter of
David Kiplangat Berekei
Administrator
Ruling
1. The application coming up for determination is a notice of motion dated 27th March, 2025 seeking the following orders;(i)That this Honourable Court be pleased to issue an order directing the Land Registrar, Kericho to dispense with the production of the original title deeds for land parcels Kericho/Kabianga/906 and Kericho/Kabianga/896, which were misplaced, to enable the registration of the confirmed grant on 27th February, 2025. (ii)That the cost of this application be in the cause.
2. The application is supported by grounds on the face of it and the supporting affidavit of David Kiplangat Berekei one of the beneficiaries and an administrator of the estate of the deceased.
3. He avers that the letters of confirmation of grant in the instant succession cause was issued on 27. 2.2025 distributing the estate of the deceased including land parcels Kericho/Kabianga/906 and Kericho/Kabianga/896 among the rightful beneficiaries.
4. He avers that the original title deeds for the said property have been misplaced and all efforts to trace them have been unsuccessful.
5. He avers that the police reports confirming loss were made at Kabianga Police Station under abstract no. OB.10/20/03/2025 and OB.12/20/03/2025 and he annexed copies of the said police abstracts.
6. He avers that in order to complete administration of the estate, it is necessary for the Land Registrar, Kericho, to dispense with the requirement for the original title deeds and allow registration of the confirmed grant.
7. He filed a further affidavit and avers that the original title deeds of land parcels Kericho/Kabianga/906 and Kericho/Kabianga/896 were in custody of Kiprono Chepkwony an administrator who is now deceased and after his demise, they were not able to trace the original title deeds of Kericho/Kabianga/906 and Kericho/Kabianga/896 since he had not disclosed the whereabouts of the original title deeds and therefore the efforts to trace the original title deeds were futile.
8. This court in noting that the instant application is unopposed finds that the sole issue for determination is whether to issue orders directing the Land Registrar, 3. Kericho to dispense with the production of the original title deeds for land parcels Kericho/Kabianga/906 and Kericho/Kabianga/896, which were misplaced, to enable the registration of the confirmed grant on 27th February, 2025.
9. Section 47 of the Law of Succession Act and rule 73 of the Probate & Administration Rules gives the probate court powers to entertain any application and make orders as may be necessary for the ends of justice.
10. The above provisions notwithstanding, section 31(1) of the Land Registration Act allows the Land Registrar to dispense with the production of a certificate of title to land or lease during the registration of any dealing with the land or lease, whereas, section 33 of the Land Registration Act provides for the procedure for applying for replacement of a lost or destroyed certificate of title or lease and these procedural steps are intended to protect the land registration system and sanctity of title.
11. In light of the provisions of section 47 of the Law of Succession Act and rule 73 of the Probate & Administration Rules which empower the court to enforce its orders and give effect to the administration of the instant estate. This Court is persuaded that it is only fair that the Land Registrar be ordered to dispense with the production of the original certificates while effecting the transmission(s) in this probate and administration cause.
12. An order is hereby issued, directing the Land Registrar, Kericho to dispense with the production and/or surrender of the original title deed of the parcels known as Kericho/Kabianga/906 and Kericho/Kabianga/896, in registration of mutation and transmission documents as per the Certificate of Confirmation of Grant issued on 27th February, 2025.
13. This being a family matter parties to bear their own costs.
DELIVERED, SIGNED AND DATED AT KERICHO THIS 17TH DAY OF JULY 2025. ..………………..J.K. SERGONJUDGEIn the presence of:C/Assistant – RutohDavid Kiplangat Birgei – Present in Person