[2024] KEHC 4687 (KLR)
The court held that since the grant issued to the petitioners was revoked, there is no longer any grant capable of confirmation. Consequently, any land titles registered in the names of the petitioners based on the revoked grant must revert to the name of the deceased. The court ordered the cancellation of the...
Source-derived case information.
- Citation
- [2024] KEHC 4687 (KLR)
- Parties
- Applicant: Hesbon Saka Ajuoga; Respondent: Estate of Wilson Ajuoga Kwaka (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E005 of 2024
- Procedural Posture
- Succession Cause / Ruling on Post Revocation Orders
- Outcome
- Grant revoked; land titles in petitioners' names cancelled and reverted to deceased; compliance to be confirmed by Deputy Registrar.
- Judges
- RE Aburili
- Legal Topics
- Grant Revocation, Title Reversion, Land Registration, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hesbon Saka Ajuoga
Applicant
Estate of Wilson Ajuoga Kwaka (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Post Revocation Orders
Legal Issues
- 1 Whether any grant remains capable of confirmation after revocation.
- 2 Whether land titles registered in the petitioners' names must revert to the deceased's name after grant revocation.
- 3 What consequential orders should be made regarding the registered land parcels.
Ratio Decidendi
The court held that since the grant issued to the petitioners was revoked, there is no longer any grant capable of confirmation. Consequently, any land titles registered in the names of the petitioners based on the revoked grant must revert to the name of the deceased. The court ordered the cancellation of the registrations in the petitioners' names and directed that the titles be restored to the deceased within thirty days, failing which the Land Registrar is mandated to effect the reversion. The court further directed the matter be placed before the Deputy Registrar to confirm compliance by a specified date. The decision is grounded in the principle that revocation of a grant nullifies...
Court Disposition
Grant revoked; land titles in petitioners' names cancelled and reverted to deceased; compliance to be confirmed by Deputy Registrar.
Orders
- Registration of Land Parcels Nos. Kisumu/Bar/2092, Kisumu/Bar/281, Kisumu/Bar/346, and Kisumu/Kit Mikayi/2413 in the names of Hesbon Saka Ajuoga is cancelled.
- Titles to revert to the deceased Wilson Ajuoga Kwaka alias Ajuoga Kwaka within thirty (30) days.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Wilson Ajuoga Kwaka (Deceased) (Succession Cause E005 of 2024) [2024] KEHC 4687 (KLR) (15 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4687 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause E005 of 2024
RE Aburili, J
April 15, 2024
Ruling
1. In this matter, the grant issued to the Petitioners herein was revoked on 29th June 2026 by Majanja J. That being the case, there is no grant capable of being confirmed.
2. In addition, as the grant was revoked, the titles to the land parcels that are registered in the names of the Petitioners have to revert back to the name of the deceased.
3. Accordingly, the Registration of Land Parcels Nos. Kisumu/Bar/2092, Kisumu/Bar/281; Kisumu/Bar/346 and Kisumu/Kit Mikayi/2413 in the names of Hesbon Saka Ajuoga is hereby cancelled.
4. The titles hereinabove to revert to the deceased Wilson Ajuoga Kwaka alias Ajuoga Kwaka within thirty (30) days of today and in default, the Land Registrar is hereby directed to cancel the registration and revert the said titles to the names of the deceased Wilson Ajuoga Kwaka alias Ajuoga Kwaka.
5. This file to be placed before the Deputy Registrar to confirm compliance by 15th May 2024.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15TH DAY OF APRIL, 2024R. E. ABURILIJUDGE