[2013] KEHC 3076 (KLR)

[2013] KEHC 3076 (KLR)

The court found that the deceased's intention regarding the distribution of Nyandarua/Pesi/112 was clearly expressed in the mutation form signed on 30th May 2003 and in the family meeting of 20th August 2005. The applicant did not deny the existence of these documents or the meeting. The court held that the deceased's wishes regarding the subdivision of Nyandarua/Pesi/112 were uncontroverted and should be respected. Accordingly, the grant was rectified to provide for the distribution of Nyandarua/Pesi/112 as per the deceased's wishes. The respondent was directed to execute the necessary documents for transmission within 21 days. The court also authorized the Manager of Barclays Bank to...

Citation
[2013] KEHC 3076 (KLR)
Parties
Applicant: Merioth Kega Wamugunda; Respondent: Salome Muthigio Wamugunda
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Judgment Date
16 May 2013
Case Number
Succession Cause 358 of 2007
Procedural Posture
Succession Cause / Judgment
Outcome
Grant rectified to distribute Nyandarua/Pesi/112 as per the deceased's wishes; bank manager authorized to execute discharge of charge; parties to bear own costs.
Judges
J Wakiaga
Legal Topics
Succession of Estates, Distribution of Land, Confirmation of Grant, Family Disputes
Source Language
English
Family and Children Land and Property Succession of Estates Distribution of Land Confirmation of Grant Family Disputes

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Parties

Merioth Kega Wamugunda

Applicant

Salome Muthigio Wamugunda

Respondent

Procedural Posture

Succession Cause / Judgment

Legal Issues

  1. 1 Whether the subdivision of land parcel Nyandarua/Pesi/112 should follow the deceased's wishes as expressed in the mutation form and family meeting or be shared equally between the widows.
  2. 2 Whether the Bank Manager should be authorized to execute the discharge of charge for land title TETU/IHURURU/69.
  3. 3 Whether the respondent should be compelled to surrender title documents to facilitate subdivision and transfer.

Ratio Decidendi

The court found that the deceased's intention regarding the distribution of Nyandarua/Pesi/112 was clearly expressed in the mutation form signed on 30th May 2003 and in the family meeting of 20th August 2005. The applicant did not deny the existence of these documents or the meeting. The court held that the deceased's wishes regarding the subdivision of Nyandarua/Pesi/112 were uncontroverted and should be respected. Accordingly, the grant was rectified to provide for the distribution of Nyandarua/Pesi/112 as per the deceased's wishes. The respondent was directed to execute the necessary documents for transmission within 21 days. The court also authorized the Manager of Barclays Bank to...

Court Disposition

Grant rectified to distribute Nyandarua/Pesi/112 as per the deceased's wishes; bank manager authorized to execute discharge of charge; parties to bear own costs.

Orders

  • Nyandarua/Pesi/112 to be shared as per the deceased's wishes as expressed in the mutation form and family meeting.
  • Respondent to execute documents for transmission of Nyandarua/Pesi/112 within 21 days of presentation.