[2016] KEHC 698 (KLR)
The court found that the Objector’s protest regarding the correct acreage due to his family was uncontroverted by the Petitioners, who failed to attend court or provide any explanation for the proposed reduction. In the absence of any challenge to the facts or justification for the deviation from the Chief’s letter,...
Source-derived case information.
- Citation
- [2016] KEHC 698 (KLR)
- Parties
- Applicant: Joshua Kimita Mwangi; Respondent: Philip Chege Ng’ang’a; Respondent: Geoffrey Mbuthia Macharia; Respondent: Simon Mwangi Macharia
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 24 of 2015
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant and Protest
- Outcome
- grant confirmed in accordance with Chief’s letter; protest upheld as to acreage
- Judges
- CW Meoli
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate, Protest to Confirmation, Chiefs Letter, Beneficiary Shares
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joshua Kimita Mwangi
Applicant
Philip Chege Ng’ang’a
Respondent
Geoffrey Mbuthia Macharia
Respondent
Simon Mwangi Macharia
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Protest
Legal Issues
- 1 Whether the portion due to the Objector’s family should be 1.3 acres or 1.125 acres as indicated in the proposed distribution.
- 2 Whether the grant should be confirmed in accordance with the Chief’s letter dated 4th April, 2011.
Ratio Decidendi
The court found that the Objector’s protest regarding the correct acreage due to his family was uncontroverted by the Petitioners, who failed to attend court or provide any explanation for the proposed reduction. In the absence of any challenge to the facts or justification for the deviation from the Chief’s letter, the court confirmed the grant in accordance with the shares identified in the Chief’s letter dated 4th April, 2011. The confirmed mode of distribution would thus reflect the correct entitlement of 1.3 acres to the Objector’s family, as originally documented and filed with the petition.
Court Disposition
grant confirmed in accordance with Chief’s letter; protest upheld as to acreage
Orders
- The grant is confirmed in accordance with the shares identified in the Chief’s letter dated 4th April, 2011.
- The mode of distribution in the confirmed grant will accord with the Chief’s letter.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIVASHA
SUCCESSION CAUSE NO. 24 OF 2015
(Formerly Naivasha CM’s Succession Cause No. 83 of 2011)
IN THE MATTER OF ESTATE OF ISAAC NG’ANG’A KAMAU (DECEASED)
JOSHUA KIMITA MWANGI……………….………………………OBJECTOR/APPLICANT
VERSUS
PHILIP CHEGE NG’ANG’A……………………………...……………….1ST RESPONDENT
GEOFFREY MBUTHIA MACHARIA …………………………………….2ND RESPONDENT
SIMON MWANGI MACHARIA………..…………………………………3RD RESPONDENT
R U L I N G
1. The Summons for confirmation of grant has been pending since 10th January, 2016. On 13/3/2012 the Protester Joshua Kimita filed a protest but despite initial service for attendance on 19/5/2015, and subsequently through substituted service, the Petitioners have stayed away.
2. Thus on 19/7/2016 the matter proceeded in the absence of the Petitioners. For his part the Objector stated that he does not oppose the confirmation of grant save that the portion due to the Objector’s family is 1. 3 acresand not 1. 125 acresindicated in the proposed distribution contained in the Summons for Confirmation.
3. The facts relied on by the Protestor have not been controverted by the Petitioners or any explanation given for proposal to assign 1. 125 acres to the Protestor rather than 1. 3 acres.
4. In the circumstances, I do confirm the grant in accordance with the shares identified in the Chief’s letter dated 4th April, 2011 and filed by the Petitioners with the Petition on 7/4/2011. The mode of distribution in the confirmed grant will accord with the Chief’s letter in question.
5. The Protester is directed to serve a copy of the confirmed grant on the Petitioners and other buyers so that any aggrieved party may approach the court.
Delivered and signed on this23rdday of November, 2016.
In the presence of:-
For the Petitioner s : N/A
For the Protestor : N/A
Court Clerk : Barasa
C. MEOLI
JUDGE