[2016] KEHC 8255 (KLR)

[2016] KEHC 8255 (KLR)

The court found that the application for eviction was uncontested and merited, as the respondent had no legal basis to remain on the property after the confirmation of grant and dismissal of his application for revocation. The administrator, having been confirmed and registered as proprietor, was entitled to...

Source-derived case information.

Citation
[2016] KEHC 8255 (KLR)
Parties
Respondent: Michael Gitau Njaga; Applicant: Cecilia Wanjiku Kibe
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
17 November 2016
Case Number
Succession Cause 1836 of 2010
Procedural Posture
Succession Cause / Ruling on Summons for Eviction After Confirmation of Grant
Outcome
Application allowed; eviction order granted.
Judges
LA Achode
Legal Topics
Succession of Estate, Confirmation of Grant, Eviction of Beneficiary, Administration of Estate
Source Language
english
Family and Children Land and Property Succession of Estate Confirmation of Grant Eviction of Beneficiary Administration of Estate

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Parties

Michael Gitau Njaga

Respondent

Cecilia Wanjiku Kibe

Applicant

Procedural Posture

Succession Cause / Ruling on Summons for Eviction After Confirmation of Grant

Legal Issues

  1. 1 Whether the respondent should be ordered to vacate the parcel of land Kajiado/Ole Kasasi/687 forming part of the deceased's estate.
  2. 2 Whether the confirmed grant entitles the petitioner to exclusive possession and registration of the suit property.

Ratio Decidendi

The court found that the application for eviction was uncontested and merited, as the respondent had no legal basis to remain on the property after the confirmation of grant and dismissal of his application for revocation. The administrator, having been confirmed and registered as proprietor, was entitled to exclusive possession and could lawfully seek eviction of any person occupying the estate property without her consent. The absence of a reply or appeal from the respondent further strengthened the applicant's position. The court allowed the application and directed the respondent to vacate the property, with police assistance ordered to ensure peaceful execution of the eviction.

Court Disposition

Application allowed; eviction order granted.

Orders

  • The respondent, his family members and any other person claiming under him to vacate parcel Kajiado/Ole Kasasi/687 forthwith.
  • The Officer Commanding the Police Station under whose jurisdiction the suit premises falls to provide security during the eviction.