[2022] KEHC 11197 (KLR)
The court found that the interested party had obtained a valid decree from the Environment and Land Court declaring him the owner of two acres of the estate land by adverse possession. Since there was no opposition to the application and the issue of title had been conclusively determined by a competent court, the...
Source-derived case information.
- Citation
- [2022] KEHC 11197 (KLR)
- Parties
- Applicant: Ibrahim Mugwe Gakau; Respondent: Doris Nkirote Kimathi; Respondent: Wilfred Githinji Wamai; Interested Party: Joseph Kiama Gachungi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 98 of 2013
- Procedural Posture
- Probate and Administration / Ruling on Summons to Amend Rectified Certificate of Confirmation of Grant
- Outcome
- application allowed
- Judges
- EM Muriithi
- Legal Topics
- Confirmation of Grant, Rectification of Grant, Adverse Possession, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ibrahim Mugwe Gakau
Applicant
Doris Nkirote Kimathi
Respondent
Wilfred Githinji Wamai
Respondent
Joseph Kiama Gachungi
Interested Party
Procedural Posture
Probate and Administration / Ruling on Summons to Amend Rectified Certificate of Confirmation of Grant
Legal Issues
- 1 Whether the rectified certificate of confirmation of grant should be amended to include two acres of land for the interested party.
- 2 Whether the interested party is entitled to two acres of Kirimara/Kithithina/Block 1/71 by virtue of a decree for adverse possession.
Ratio Decidendi
The court found that the interested party had obtained a valid decree from the Environment and Land Court declaring him the owner of two acres of the estate land by adverse possession. Since there was no opposition to the application and the issue of title had been conclusively determined by a competent court, the High Court held that the confirmed grant should be rectified to include the two acres for the interested party. The court ordered the reissuance and rectification of the grant to reflect this entitlement and directed that each party bear their own costs.
Court Disposition
application allowed
Orders
- The grant of letter of administration intestate shall be reissued and rectified to include two acres of parcel number Kirimara/Kithithina/Block 1/71 to be transferred to Joseph Kiama Gachungi.
- Each party shall bear their own costs.
Full Case Text
Judgment text and source record
14 paragraphs
In re the Estate of Tabitha Wanjiru Mwithimbu alias Wanjiru M’mwithimbu (Deceased) (Probate & Administration 98 of 2013) [2022] KEHC 11197 (KLR) (4 August 2022) (Ruling)
Neutral citation: [2022] KEHC 11197 (KLR)
Republic of Kenya
In the High Court at Meru
Probate & Administration 98 of 2013
EM Muriithi, J
August 4, 2022
IN THE MATTER OF THE ESTATE OF TABITHA WANJIRU MWITHIMBU ALIAS WANJIRU M’MWITHIMBU (DECEASED) IBRAHIM MUGWE GAKAU.........................................................PETITIONER VERSUS DORIS NKIROTE KIMATHI.......................................................1ST PROTESTOR WILFRED GITHINJI WAMAI....................................................2ND PROTESTOR JOSEPH KIAMA GACHUNGI.............................................INTERESTED PARTY
Ruling
1. The interested party has by summons dated March 16, 2022 made an application for the court to amend the rectified certificate of confirmation of grant issued on August 12, 2020 to include two (2) acres of the parcel of land Kirimara/Kithithina/Block 1/71 to be distributed to Joseph Kiama Gachungi and for the reissue of the Grant in those terms. The application is based on the ground that the court had set aside [apart] two (2) acres of the parcel of land to await the interested party taking out appropriate proceedings to assert his ownership over the portion of the property.
2. The supporting affidavit of the interested party has attached the decree dated April 21, 2021 of the Environment and Land Court in the Civil Suit No 18 of 2019 (OS) wherein the applicant was declared the owner of (2) acres of land parcel Kirimara/Kitithina/Block1/71 through adverse possession.
3. Counsel for the protestors indicated that the application is not opposed.
Orders 4. Consequently, the court having established that the issue of the interested party’s title to the portion of the land subject of this present application had been determined by the Environment and land Court, makes the following orders:1. The grant of letter of administration intestate herein shall be reissued and rectified to include two (2) acres of parcel number Kirimara/Kithithina/Block 1/71 to be transferred to the Joseph Kiama Gachungi, the interested party herein.2. Each party shall bear their own costs.3. File closed.Order accordingly.
DATED AND DELIVERED THIS 4TH DAY OF AUGUST 2022. EDWARD M MURIITHIJUDGEAppearances:M/S Chweya & Associates, Advocates for the interested party.Ms. Wangu for Mr Wanjohi the protestors.