[2009] KEHC 1501 (KLR)
The court found that the applicants had demonstrated that the suit land, though sold and possession given to the deceased, remained registered in the seller's name due to unexecuted transfer documents. The grant of letters of administration had been confirmed, and the estate distributed. Since the necessary...
Source-derived case information.
- Citation
- [2009] KEHC 1501 (KLR)
- Parties
- Applicant: Allan Rimui Ngigi Mbugua; Applicant: KipTogom Banga; Respondent: Wanjiku Mbugua
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 34 of 2001
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Chamber Summons
- Outcome
- application granted
- Judges
- JL Osiemo
- Legal Topics
- Probate and Administration, Land Transfer, Letters of Administration, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Allan Rimui Ngigi Mbugua
Applicant
KipTogom Banga
Applicant
Wanjiku Mbugua
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Chamber Summons
Legal Issues
- 1 Whether the Deputy Registrar should be authorized to execute documents to sub-divide and transfer the suit land to the beneficiaries as per the confirmed grant.
- 2 Whether the applicants have satisfied the requirements for the court to exercise its discretion in their favour.
Ratio Decidendi
The court found that the applicants had demonstrated that the suit land, though sold and possession given to the deceased, remained registered in the seller's name due to unexecuted transfer documents. The grant of letters of administration had been confirmed, and the estate distributed. Since the necessary documents were now available and the beneficiaries identified, the court exercised its discretion to authorize the Deputy Registrar to execute the sub-division and transfer documents to effectuate the confirmed grant and ensure the beneficiaries received their respective shares. This was necessary to complete the administration of the estate and give effect to the court's earlier...
Court Disposition
application granted
Orders
- The Deputy Registrar is authorized to execute documents to sub-divide LR. NO. TULWET/TULWET/BLOCK 3/(RIRONI) 98.
- The Deputy Registrar is authorized to execute transfer forms for the various parcels to the proprietors shown on the Letter of Confirmation.
Full Case Text
Judgment text and source record
15 paragraphs
IN THE MATTER OF THE ESTATE OF KIBANGA ARAP MAINA (DECEASED)
RULING
Before me is an application by way of Ex-parte Chamber Summons brought by the Applicants under Rule 49 of Probate and Administration Rules Cap. 160 Laws of Kenya and Section 40 and 41 of the Registered Land Act Cap 300 seeking orders that the Deputy Registrar of the Court be allowed to execute to sub-divide land parcel LR. NO. TULWET/TULWET/BLOCK 3/(RIRONI) 98and thereafter the transfer forms for the various parcels to the proprietors shown on the Letter of Confirmation.
The application is premised on the grounds as stated in the body of the Chamber Summons and supported by an affidavit sworn by ALLAN RIMUI NGIGI MBUGUA.
The facts which gave rise to this application briefly may be stated. One WANJIKU MBUGUA sold the suit land being LR. NO. TULWET/TULWET/BLOCK 3 (RIRONI) 98 to KIBANGA ARAP MAINA. She applied to AINABKOI LAND CONTROL BOARD for consent to transfer the suit land to the Purchaser. The consent was granted on 21st February, 1993. The said KIBANGA ARAP MAINA took possession while the documents were handed over to BIRECH & CO. ADVOCATES to transact the transfer.
The said Kibanga Arap Maina continued living and utilizing the suit property presuming that the suit land had been transferred to him until 10th September, 1999 when he died intestate and KIPTOGOM BANGA petitioned for the Grant of Letters of Administration which was issued on 27th September, 2001. The same was confirmed on 22nd May, 2003 and the estate which was comprised only of the suit land was distributed as follows:-
1. KIPTOGOM BANGA – TITLE NO. TULWET/TULWET/BLOCK 3/RIRONI/98 – 7. 3 HA.
2. MARY MUREI – TITLE NO. TULWET/TULWET/BLOCK 3/RIRONI/98 – 4 HA.
3. STANLEY MUREI – TITLE NO. TULWET/TULWET/BLOCK 3/RIRONI/98 – 3. 3 HA.
When the documents were presented to the Lands Office to effect Transfer it was discovered that the suit land was still registered in the name of the former seller WANJIKU MBUGUA and the transfer documents were still held by M/s. Birech & Co. Advocates who later released them to the Counsel for the applicants who now applies to this Court for orders as stated above.
After I have considered the application in light of the affidavit evidence on record as well as the annextures I am persuaded to exercise my discretion in favour of the applicant.
Accordingly, the application is granted in terms of prayer 1 and 2 of the Ex-parte Chamber Summons dated 23rd April, 2009.
DELIVERED AND DATED AT ELDORET THIS 19TH DAY OF OCTOBER, 2009.
J. L. A. OSIEMO
JUDGE