[2016] KEHC 3636 (KLR)
The court found that the applicant was entitled to 0.20 hectares of the suit land as per the confirmed grant issued on 26th June 2014, which had not been challenged. The administrator had failed to facilitate the applicant's registration, despite having done so for other beneficiaries. In the absence of opposition...
Source-derived case information.
- Citation
- [2016] KEHC 3636 (KLR)
- Parties
- Applicant: Michael Njue Stephen; Respondent: John Nthiga Stephen
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 455 of 2012
- Procedural Posture
- Succession Cause / Ruling on Post Confirmation Application
- Outcome
- Application allowed. Orders granted as prayed. No order as to costs.
- Legal Topics
- Probate and Administration, Execution of Grant, Land Registration, Transfer of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Njue Stephen
Applicant
John Nthiga Stephen
Respondent
Procedural Posture
Succession Cause / Ruling on Post Confirmation Application
Legal Issues
- 1 Whether the Land Registrar should be directed to dispense with the production of the original title deed for Kagaari/Weru/2099.
- 2 Whether the Deputy Registrar should be authorized to execute transfer documents on behalf of the administrator to effect the confirmed grant.
- 3 Whether the applicant is entitled to costs.
Ratio Decidendi
The court found that the applicant was entitled to 0.20 hectares of the suit land as per the confirmed grant issued on 26th June 2014, which had not been challenged. The administrator had failed to facilitate the applicant's registration, despite having done so for other beneficiaries. In the absence of opposition and given the fairness of the request, the court exercised its discretion to direct the Land Registrar to dispense with the production of the original title deed and authorized the Deputy Registrar to execute all relevant documents on behalf of the administrator to implement the confirmed grant. No order as to costs was made.
Court Disposition
Application allowed. Orders granted as prayed. No order as to costs.
Orders
- The Land Registrar of Embu shall dispense with the production of the original title deed for land parcel No. Kagaari/Weru/2099.
- The Deputy Registrar is authorized to execute all relevant documents on behalf of the administrator to facilitate implementation of the confirmed grant in respect of the said land.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
SUCCESSION CAUSE NO. 455 OF 2012
IN THE MATTER OF THE ESTATE OF RUTH WATHIIRI NJOVO alias RUTH WANTHIIRI NJOVO (DECEASED)
MICHAEL NJUE STEPHEN ......................................BENEFICIARY/APPLICANT
VERSUS
JOHN NTHIGA STEPHEN...............................ADMINISTRATOR/RESPONDENT
RULING
1. This is an application by the beneficiary seeking orders to direct the Land Registrar of Embu to dispense with the production of the original title deed in respect of land parcel No. Kagaari/Weru/2099. Additionally, he seeks an order directing the Deputy Registrar to execute all relevant documents on behalf of the applicant to facilitate implementation of the confirmed grant issued by this court in respect of the said suit land. Finally, the applicant seeks an order for costs.
2. The application is supported by his supporting affidavit dated 21st April 2016 According to his affidavit, a confirmed grant was made by this court on 21st June 2014. In terms of that confirmed grant he was entitled to a share of 0. 20ha. He has further stated that the Land Registrar has refused to execute all documents to facilitate his registration as the owner of the parcel of land. He has also stated that the administrator has executed all documents for transfer in favour of other beneficiaries. Finally, he has stated that it is only fair that the Deputy Registrar be authorized to sign all the documents on behalf of the administrator to enable him to be registered.
3. The application is unopposed.
4. I believe the affidavit evidence of the applicant. According to the confirmed grant made by Judge Ong'udi on 26th June 2014 the applicant is entitled to 0. 20ha of the suit land. The confirmed grant has not been challenged. There is no replying affidavit from the administrator/Respondent.
5. The upshot of the a foregoing is that the the applicant is entitled to the orders sought and I hereby grant them with no order as to cost.
RULING DATED, SIGNEDand DELIVERED in open court at EMBU this 24THday of MAY, 2016
In the presence of the applicant and in the absence of the respondent.
Court clerk Njue
J.M. BWONWONGA
JUDGE
24. 05. 16