[2016] KEHC 6180 (KLR)
The court found that since the property in question was registered in the names of both deceased persons as proprietors in common and all beneficiaries had agreed on the distribution, it was just and expedient to consolidate the two estates for purposes of issuing one confirmed grant. This would facilitate the...
Source-derived case information.
- Citation
- [2016] KEHC 6180 (KLR)
- Parties
- Applicant: Kiilu Mwatu Nzomo; Applicant: Julius Muasya Mwatu; Applicant: Sammy Muli Mwatu; Respondent: Regina Kiluu Munyao Mutua; Respondent: Rose Kalondu Munyao Mutua
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 41 of 2003
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Summons for rectification of grant granted; estates consolidated for distribution; costs in the cause.
- Judges
- EM Muriithi
- Legal Topics
- Rectification of Grant, Estate Distribution, Consolidation of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kiilu Mwatu Nzomo
Applicant
Julius Muasya Mwatu
Applicant
Sammy Muli Mwatu
Applicant
Regina Kiluu Munyao Mutua
Respondent
Rose Kalondu Munyao Mutua
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the court should rectify the grants to the two estates to enable distribution of the property registered in the names of both deceased persons.
- 2 Whether consolidation of the two estates for purposes of issuing one confirmed grant is appropriate.
Ratio Decidendi
The court found that since the property in question was registered in the names of both deceased persons as proprietors in common and all beneficiaries had agreed on the distribution, it was just and expedient to consolidate the two estates for purposes of issuing one confirmed grant. This would facilitate the implementation of the agreed distribution and comply with the principles of expeditious disposal of cases. The court therefore granted the summons for rectification of the grants as prayed, with costs in the cause.
Court Disposition
Summons for rectification of grant granted; estates consolidated for distribution; costs in the cause.
Orders
- Summons dated 31st August, 2015 is granted.
- The two estates are consolidated for purposes of issuance of one confirmed grant for distribution according to the respective shares of the beneficiaries.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
SUCCESSION CAUSE NO. 41 OF 2003
IN THE MATTER OF THE ESTATE OF JOEL MWATU NZOMO – (DECEASED)
KIILU MWATU NZOMO
JULIUS MUASYA MWATU
SAMMY MULI MWATU...................................APPLICANTS
REGINA KILUU MUNYAO MUTUA
ROSE KALONDU MUNYAO MUTUA
RULING
The applicants seek rectification of Grants to two Estates of the deceased persons to enable the distribution of the Estate property which (Mitaboni/Mutituni/1758) is registered in the two deceased persons, Joel Mwatu Nzomo and James Mutua Nzomo as proprietors in common in equal shares.
The application was filed pursuant to advice by the District Land Registrar, (N.D. Nyambaso) Machakos by letter dated 15th September, 2014.
The beneficiaries of the two Estates have agreed on the distribution and what remains is the implementation of the distribution by registration at the Lands Registry.
I consider it to be in the interests of justice and to be in accordance with the Article 159 principles of expeditious disposal of cases to have the two Estates, which are comprised in one asset held in common by the two deceased persons to be consolidated for purposes of issuance of one confirmed Grant for distribution according to the respective shares of the beneficiaries of the two Estates.
Accordingly, summons dated 31st August, 2015 is granted with costs in the cause.
DATED AND DELIVERED THIS 15TH DAY OF MARCH 2016.
EDWARD M. MURIITHI
JUDGE
In the presence of: -
No appearance for the parties
Ms. Doreen - Court Assistant.