[2008] KEHC 1743 (KLR)
The court found that the confirmed grant, issued on 28th March 2007, was made with the applicant and respondent as the only beneficiaries present and in agreement regarding the mode of distribution. No application for revocation or variation of the grant had been made by any other alleged beneficiaries, nor had they...
Source-derived case information.
- Citation
- [2008] KEHC 1743 (KLR)
- Parties
- Applicant: Franklin Muturi Kihara; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 429 of 2004
- Procedural Posture
- Succession Cause / Ruling on Chamber Summons for Execution of Confirmed Grant
- Outcome
- application allowed
- Judges
- MM Kasango
- Legal Topics
- Probate and Administration, Confirmation of Grant, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Franklin Muturi Kihara
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Ruling on Chamber Summons for Execution of Confirmed Grant
Legal Issues
- 1 Whether the court should authorize the deputy registrar to sign documents for subdivision and transfer of the estate property due to the respondent's refusal to cooperate.
- 2 Whether the existence of other alleged beneficiaries, not party to the proceedings, affects the implementation of the confirmed grant.
Ratio Decidendi
The court found that the confirmed grant, issued on 28th March 2007, was made with the applicant and respondent as the only beneficiaries present and in agreement regarding the mode of distribution. No application for revocation or variation of the grant had been made by any other alleged beneficiaries, nor had they moved the court in any manner. The letter from the Chief, dated September 2004, was not previously brought to the court's attention and did not constitute a valid basis to halt the execution of the confirmed grant. The respondent's refusal to cooperate in signing the necessary documents for subdivision and transfer of the property was therefore unjustified. The court held that...
Court Disposition
application allowed
Orders
- The deputy registrar is authorized to sign all relevant documents to enable the subdivision and transfer of land parcel No. AGUTHI/GAKU/628 to both beneficiaries in terms of the confirmed grant dated 28th March 2007.
- No order as to costs in respect of the chamber summons dated 18th January 2008.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Succession Cause 429 of 2004
IN THE MATTER OF THE ESTATE OF JOSEPH NGONJI KAMUNDIA .. (DECEASED)
FRANKLIN MUTURI KIHARA ………………….............................………..…. APPLICANT
RULING
The Chamber Summons dated 18th January 2007 seeks for leave to be granted for the Executive Officer of this court to sign documents to enable subdivision to be undertaken on property AGUTHI/GAKU/628. The Applicant argued that after the grant was confirmed the Respondent his co-beneficiary failed to cooperate by refusing to sign the necessary documents for subdivision to be undertaken. The Respondent opposed the application on the basis that there were other beneficiaries who needed to be included in the distribution of that property. In that regard the Respondent gave to the court a letter written by the Chief confirming the same and dated 27th September 2004.
As at this moment there is no application to revoke the grant. The persons named in that Chief’s letter have not moved the court in any manner. They are therefore not within this cause. It is not clear to the court why a letter that was written by the Chief in September 2004 had not been brought to the attention of the court until now. When the matter came up for confirmation of grant on 28th March 2007 both the Applicant and the Respondent as the only beneficiaries of this estate were before court. The court indicated that they both were in agreement in the mode of distribution. The grant was therefore confirmed to the effect that the property be shared amongst the two. Therefore there being no basis for refusing the prayer sought I do allow the application in the following terms:
1. This court does hereby authorize the deputy registrar of this court to sign all the relevant documents to enable the subdivision and transfer of land parcel No. AGUTHI/ GAKU/628 to both the beneficiaries in terms of the confirmed grant dated 28th March 2007.
2. There shall be no orders as to costs in respect of chamber summons dated 18th January 2008.
DATED AND DELIVERED THIS 8TH DAY OF APRIL 2008.
MARY KASANGO
JUDGE