[2009] KEHC 2163 (KLR)

[2009] KEHC 2163 (KLR)

The court found that the applicant, though a son of the deceased, failed to demonstrate any prejudice suffered as a result of the respondent's actions following the death of the applicant's father. The evidence showed that the land was registered in joint names, and upon the applicant's father's death, the respondent lawfully became the sole proprietor through transmission under section 118 of the Registered Land Act. The court questioned the authenticity of the applicant's documentary evidence and accepted the respondent's account that the land was subsequently subdivided among both families, including the applicant's siblings. The court held that the process was legal and procedurally...

Citation
[2009] KEHC 2163 (KLR)
Parties
Respondent: Makokha Opicho Job; Applicant: Richard Nangubo Masinde
Court
High Court
Court Station
High Court at Bungoma
Jurisdiction
Kenya
Judgment Date
9 July 2009
Case Number
Probate & Administration 153 of 1997
Procedural Posture
Probate and Administration / Ruling on Application for Leave to File Objection Out of Time
Outcome
application dismissed
Legal Topics
Succession Procedure, Letters of Administration, Joint Proprietorship, Transmission on Death
Source Language
English
Family and Children Land and Property Succession Procedure Letters of Administration Joint Proprietorship Transmission on Death

Case Brief

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Parties

Makokha Opicho Job

Respondent

Richard Nangubo Masinde

Applicant

Procedural Posture

Probate and Administration / Ruling on Application for Leave to File Objection Out of Time

Legal Issues

  1. 1 Whether the objector has demonstrated sufficient cause to be granted leave to file an objection out of time.
  2. 2 Whether the objector has an interest in the estate of the deceased justifying the objection.
  3. 3 Whether the registration and subsequent transmission of the land was proper and precludes the objector's claim.

Ratio Decidendi

The court found that the applicant, though a son of the deceased, failed to demonstrate any prejudice suffered as a result of the respondent's actions following the death of the applicant's father. The evidence showed that the land was registered in joint names, and upon the applicant's father's death, the respondent lawfully became the sole proprietor through transmission under section 118 of the Registered Land Act. The court questioned the authenticity of the applicant's documentary evidence and accepted the respondent's account that the land was subsequently subdivided among both families, including the applicant's siblings. The court held that the process was legal and procedurally...

Court Disposition

application dismissed

Orders

  • The application for leave to file an objection out of time is dismissed.
  • Each party to bear their own costs.