[2014] KEHC 7867 (KLR)
The court determined that Kiambaa/Ruaka/429 no longer exists, having been subdivided into Kiambaa/Ruaka/527, which was further subdivided into Kiambaa/Ruaka/913 and 914. The court found that the order of 30th June 2009, which awarded Jane Nyambura 0.56 hectares out of Kiambaa/Ruaka/429, must be implemented using the...
Source-derived case information.
- Citation
- [2014] KEHC 7867 (KLR)
- Parties
- Applicant: Jane Nyambura; Respondent: Estate of Danson Kihoyo Muchano (Deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 327 of 2002
- Procedural Posture
- Succession Cause / Ruling
- Outcome
- Application for distribution allowed as per current land status.
- Judges
- DN Musyoka
- Legal Topics
- Distribution of Estate, Land Subdivision, Succession of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Nyambura
Applicant
Estate of Danson Kihoyo Muchano (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling
Legal Issues
- 1 Whether the property to be distributed is Kiambaa/Ruaka/429 or its subsequent subdivisions.
- 2 How the estate of the deceased should be distributed among the beneficiaries.
Ratio Decidendi
The court determined that Kiambaa/Ruaka/429 no longer exists, having been subdivided into Kiambaa/Ruaka/527, which was further subdivided into Kiambaa/Ruaka/913 and 914. The court found that the order of 30th June 2009, which awarded Jane Nyambura 0.56 hectares out of Kiambaa/Ruaka/429, must be implemented using the existing parcels. Accordingly, Jane Nyambura is to be given Kiambaa/Ruaka/913, and Kiambaa/Ruaka/914 is to be divided among the three houses of the deceased. The court's reasoning is grounded in the principle that succession must be based on the property as it exists at the time of distribution, and that court orders must be adapted to reflect the current legal and factual...
Court Disposition
Application for distribution allowed as per current land status.
Orders
- Jane Nyambura is to be given Kiambaa/Ruaka/913.
- Kiambaa/Ruaka/914 is to be divided into three portions according to the three houses of the deceased.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OFKENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
SUCCESSION CAUSE NO. 327 OF 2002
IN THE ESTATE OF DANSON KIHOYO MUCHANO –(DECEASED)
RULING
I have perused the report of the Kiambu District Surveyor dated 26th July 2011.
From the said report it is clear that Kiambaa/Ruaka/429 no longer exists. It was subdivided in 1960 to create Kiambaa/Ruaka/527 and Kiambaa/Ruaka/528 measuring 1. 12ha and 0. 2ha respectively. Kiamba/Ruaka/528 was then transferred in 1983 to a Ms. England. The deceased died possessed only of Kiambaa/Ruaka/527 which measures 1. 12ha.
Kiambaa/Ruaka/527 was subsequently subdivided into Kiambaa/Ruaka/913 and 914 by a mutation done by D. Wabaru, a licensed surveyor, dated 17th September 1990. The said mutation is not in the court record. The District Surveyor visited the ground and discovered that the occupation on the ground does not tally with the 1990 mutation.
The order made on 30th June 2009 by Rawal J. was that Jane Nyambura was to get 0. 56 hectares out of Kiambaa/Ruaka/429 This Kiambaa/Ruaka/429 does not exist and what should be shared out is Kiambaa/Ruaka/527. As Kiambaa/Ruaka/527 has mutated into Kiambaa/Ruaka/913 and 914, I do hereby direct that Jane Nyambura be given Kiambaa/Ruaka/913, with Kiambaa/Ruaka/914 being divided into three portions according the three houses of the deceased.
DATED, SIGNED and DELIVERED at NAIROBI this 16th DAY OF May, 2014.
W. MUSYOKA
JUDGE
No appearance advocate for the petitioner.
No appearance advocate for the objector.