[2011] KEHC 1709 (KLR)
The court found that the Respondent had misled the court into issuing an order for the Land Registrar to dispense with the production of the original title, knowing that the title was in another's possession. Given the revocation of the grant, any entries or transfers made on the basis of that grant were void. The...
Source-derived case information.
- Citation
- [2011] KEHC 1709 (KLR)
- Parties
- Applicant: Karangu Murage; Respondent: Faith Waithira Kaminju
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 637 of 2008
- Procedural Posture
- Succession Cause / Ruling on Summons General Seeking Cancellation of Land Register Entries and Reversion of Title
- Outcome
- Application allowed with costs to the applicant. Stay of execution for 30 days granted.
- Legal Topics
- Revocation of Grant, Land Title Reversion, Probate and Administration, Misrepresentation in Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Karangu Murage
Applicant
Faith Waithira Kaminju
Respondent
Procedural Posture
Succession Cause / Ruling on Summons General Seeking Cancellation of Land Register Entries and Reversion of Title
Legal Issues
- 1 Whether the court should authorize the Land Registrar to cancel entries made pursuant to a revoked grant.
- 2 Whether the title to L.R. no. Kiine/Rukanga/651 should revert to the estate of Muriuki Gachinga, deceased.
- 3 Whether the Respondent's actions amounted to misleading the court regarding the production of the original title.
Ratio Decidendi
The court found that the Respondent had misled the court into issuing an order for the Land Registrar to dispense with the production of the original title, knowing that the title was in another's possession. Given the revocation of the grant, any entries or transfers made on the basis of that grant were void. The court held that unless the register was rectified and the title reverted to the estate of the deceased, the revocation order would be rendered nugatory. Therefore, the court exercised its inherent power to grant the orders sought by the applicant, ensuring that the estate was restored to its proper status pending further proceedings.
Court Disposition
Application allowed with costs to the applicant. Stay of execution for 30 days granted.
Orders
- The Land Registrar, Kirinyaga District, is authorized to delete and/or cancel all entries made in the register in respect of L.R. no. Kiine/Rukanga/651 pursuant to the revoked grant.
- The title to L.R. no. Kiine/Rukanga/651 shall revert to the name of Muriuki Gachinga, deceased.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
SUCCESSION CAUSE NO. 637 OF 2008
IN THE MATTER OF THE ESTATE OF
WAHINYA GACHINGA AND
MURIUKI GACHINGA ……….……………………….DECEASED
AND
KARANGU MURAGE ……….……………………….APPLICANT
Versus
FAITH WAITHIRA KAMINJU……………......……RESPONDENT
RULING
Karangu Murage, the Applicant herein, beseeched this court to exercise its inherent power under rule 73 of the Probate and Administration to issue an order authorizing the Kirinyaga, District Land Registrar to delete and or cancel all entries made in the register in respect of the parcel of land known as L.R. no. Kiine/Rukanga/651 pursuant to the grant issued vide Kerugoya S.R.M.C. Succ. Cause no. 209 of 2006. The applicant further urged this court to issue an order reverting the aforesaid title back to the name of Muriuki Gachinga, deceased. The applicant’s application is the summons general dated 27th September 2010. It is supported by the affidavit of the applicant. Faith Waithira Kaminju, the Respondent herein, filed the replying affidavit she swore to oppose the summons.
The Respondent herein was issued with the grant of letters of administration intestate in respect of the estate of Wahinya Gachinga alias Muriuki Gachinga deceased. The grant was confirmed on 13th July 2007 vide Kerugoya S.R.M.C. SUCC. Cause no. 209 of 2006. The aforesaid grant was revoked by this court on 28th January 2010. The applicant has argued that it has become necessary to seek the orders to be issued to facilitate execution of the order for revocation of grant. The 1st Respondent opposed the summons claiming that she has filed Nyeri H.C. Succ. C. no. 98 of 2011 in which she sought for the grant issued to the Applicant vide Kerugoya S.R.M.C. Succ. Cause no. 56 of 2003. Basically, the Respondent is of the view that the status quo be maintained pending the outcome of the aforesaid proceedings. A careful reading of this court’s ruling delivered on 28th January 2010, will reveal this court had made a finding to the effect that the Respondent herein had misled the court into issuing an order directing the Land Registrar to dispense with the production of the original title in respect of L.R. no. Kiine/Rukanga/651. The court formed the opinion that the Respondent knew that the title was in possession of another person yet she chose to mislead the court. The applicant is basically seeking for the aforesaid title to revert back to the estate of Muriuki Gachinga, deceased. I am convinced the order should granted otherwise the order of revocation of grant will be rendered superfluous. I allow the summons general dated 27th September 2010 with costs to the Applicant.
Dated and delivered 29th Day of July 2011.
J.K. SERGON
JUDGE
In open court in the presence of Miss Mwai holding brief Kirubi for Applicant and Mr. Mugo holding brief Munene for Respondent.
Mugo:I apply for a stay of execution for 30 days.
COURT:Order given as prayed.
J.K. SERGON
JUDGE