[2007] KEHC 3014 (KLR)
The court found that the certificate of official search for the property clearly showed the Objector and the deceased as proprietors in common with equal shares. The Objector's claim that the deceased held his share in trust for him as a minor was not supported by the evidence, as his name appeared on the title as a...
Source-derived case information.
- Citation
- [2007] KEHC 3014 (KLR)
- Parties
- Applicant: Wanjiru wa Mungai; Respondent: Objector (unnamed)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 2341 of 2000
- Procedural Posture
- Succession Cause / Ruling on Summons for Annulment of Grant
- Outcome
- summons for annulment of grant dismissed
- Judges
- KH Rawal
- Legal Topics
- Succession of Estates, Grant Annulment, Tenancy in Common, Distribution of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wanjiru wa Mungai
Applicant
Objector (unnamed)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Annulment of Grant
Legal Issues
- 1 Whether the grant of representation issued to the Administratrix should be annulled.
- 2 Whether the Objector was entitled to a greater share of the property on the basis of trust.
- 3 How the estate of the deceased should be distributed among the beneficiaries.
Ratio Decidendi
The court found that the certificate of official search for the property clearly showed the Objector and the deceased as proprietors in common with equal shares. The Objector's claim that the deceased held his share in trust for him as a minor was not supported by the evidence, as his name appeared on the title as a tenant in common. The Administratrix had properly distributed the deceased's half share among the three wives. Therefore, there was no basis to annul the grant, and the summons for annulment was dismissed.
Court Disposition
summons for annulment of grant dismissed
Orders
- The summons dated 25th October, 2000 is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Succession Cause 2341 of 2000
IN THE MATTER OF THE ESTATE OF MUNGAI OLE KERIASEK
RULING
Before the court was the hearing of a summons dated 25th October, 2000 seeking annulment of grant of representation made to the Administratrix Wanjiru wa Mungai (now deceased) vide R.M. Succession Cause No.8 of 1996 Narok. I must note that the said court issued certificate of confirmation on 14th October, 1997.
On the day of hearing, neither the Objector nor his counsel was present, and I heard the case of the Administratrix in absence of the Objector.
Dr. Clement Sironka Keriasek gave evidence and produced Certificate of official search of title No. Narok/C/S – Mara/Kisiriri/60 which shows that the deceased and the Objector were holding the said property as proprietors in common with equal shares. Obviously, thus, the Objector is the owner of the half portion of the property.
According to the uncorroborated evidence of the said witness, the deceased had three wives and the Administratrix, after sharing out the half portion of the Objector, divided the remaining acres of 6. 4222 acres equally amongst the three wives.
The contention of the objector that the deceased held half portion of the land in trust for him as he was minor falls flat on the face of the certificate of search which had his name as a tenant in common.
In the premises I dismiss the summons dated 25th October, 2000 with no order as to costs.
K.H. RAWAL
JUDGE
21. 3.07