In re Estate of the Late Kamurwa (Deceased) (Succession Cause 278 of 1998) [2026] KEHC 10235 (KLR) (Family) (9 July 2026) (Ruling)
The application succeeded because the applicant had already been awarded a share of the property under a confirmed grant and the respondents had failed to comply with prior transmission orders; since the application was unopposed and the respondents had deliberately resisted compliance, the court exercised its...
Source-derived case information.
- Citation
- [2026] KEHC 10235 (KLR)
- Parties
- Applicant: Mary Mweru Mburu; 1st Respondent: Rose Wanjiku Mbura; 2nd Respondent: John Kamurwa Mbura
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 278 of 1998
- Procedural Posture
- Succession Cause / Ruling on Unopposed Application
- Outcome
- Application allowed with costs to the applicant.
- Judges
- ["HK Chemitei"]
- Legal Topics
- Transmission of Estate Property, Enforcement of Confirmation of Grant, Dispensation With Completion Documents, Non Compliance With Court Orders, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Mweru Mburu
Applicant
Rose Wanjiku Mbura
1st Respondent
John Kamurwa Mbura
2nd Respondent
Procedural Posture
Succession Cause / Ruling on Unopposed Application
Legal Issues
- 1 Whether the court should dispense with production of the respondents' identity and completion documents to effect transmission and registration of the applicant's share of land
- 2 Whether the respondents had complied with previous court orders directing transmission of the property
- 3 Whether costs should follow the event
Ratio Decidendi
The application succeeded because the applicant had already been awarded a share of the property under a confirmed grant and the respondents had failed to comply with prior transmission orders; since the application was unopposed and the respondents had deliberately resisted compliance, the court exercised its authority to dispense with the respondents' completion documents and allow the transmission of the applicant's portion.
Court Disposition
Application allowed with costs to the applicant.
Orders
- The Land Registrar Nairobi is directed to dispense with the production of the respondents' national identity cards, PIN certificates, passport photographs and any other completion documents required to prepare, sign, transmit and register a portion of land measuring 0.136ha excised from Dagoretti/Riruta/2386 in the...
- Costs awarded to the applicant.
Full Case Text
Judgment text and source record
1 paragraphs
In re Estate of the Late Kamurwa (Deceased) (Succession Cause 278 of 1998) [2026] KEHC 10235 (KLR) (Family) (9 July 2026) (Ruling) Neutral citation: [2026] KEHC 10235 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Succession Cause 278 of 1998 HK Chemitei, J July 9, 2026 Between Mary Mweru Mburu Applicant and Rose Wanjiku Mbura 1st Respondent John Kamurwa Mbura 2nd Respondent Ruling 1.In her application dated 25th July 2024 the Applicant seeks orders that:(a)This Court do issue an order directing the Land Registrar Nairobi to dispense with the production of the copies of the national identity cards, PIN certificates, passport photographs and any other completion documents of the Respondents herein needed to prepare, sign and transmit and register a portion of land measuring 0.136ha excised from land parcel number Dagoretti/Riruta/2386 in the name of Mary Mweru Mburu.b.Costs of the suit. 2.The application is based on the grounds thereof and the sworn affidavit of the Applicant of even date. The same is unopposed despite service made to the Respondents. 3.The basic issue raised herein is that the Applicant has a share in the afforstated parcel of land pursuant to the grant issued by this Court and confirmed on 16th May 2019. 4.Subsequently and after another application dated 21st February 2023 the Court directed the Respondents who are the Administrators of this estate to transmit the portion to the Applicant. 5.From the evidence on record, it is apparent that despite the order dated 7th February 2024 the Applicants have deliberately refused to comply. 6.For the above reasons I do find that the application is meritorious. The Applicant has spent much time and energy over an issue which has been long determined by the Court. They have willfully disobeyed the orders of 7th March 2024. 7.In the premises the application is hereby allowed as prayed with costs to the Applicant. DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 9TH DAY OF JULY 2026.H.K. CHEMITEIJUDGE, FCIArb.