[2011] KEHC 3447 (KLR)
The court held that the administrator, Munyange M’Imanyara, acted in accordance with the law by registering the deceased's property in her name as proprietor in transmission before subdivision to beneficiaries. This procedure is standard in succession matters and does not contravene the court's earlier judgment. The...
Source-derived case information.
- Citation
- [2011] KEHC 3447 (KLR)
- Parties
- Applicant: Munyange M’Imanyara; Respondent: M’Rarama M’Turuchiu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 161 of 2002
- Procedural Posture
- Succession Cause / Ruling on Post Judgment Applications
- Outcome
- Applications determined: respondent's application dismissed; applicant's application allowed to the extent of ordering police security for subdivision.
- Judges
- MM Kasango
- Legal Topics
- Administration of Estates, Transmission of Property, Subdivision of Land, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Munyange M’Imanyara
Applicant
M’Rarama M’Turuchiu
Respondent
Procedural Posture
Succession Cause / Ruling on Post Judgment Applications
Legal Issues
- 1 Whether the administrator was entitled to register the deceased's property in her name before subdivision to beneficiaries.
- 2 Whether the registration of the suit property in the administrator's name contravened the court's judgment.
- 3 Whether the court should order police security for the subdivision of the property as per the judgment.
Ratio Decidendi
The court held that the administrator, Munyange M’Imanyara, acted in accordance with the law by registering the deceased's property in her name as proprietor in transmission before subdivision to beneficiaries. This procedure is standard in succession matters and does not contravene the court's earlier judgment. The respondent's application to cancel the registration was therefore without merit and dismissed. The court further found that the subdivision ordered in the judgment had not been effected due to obstruction by the respondent and others, and thus ordered police security to facilitate the District Surveyor in carrying out the subdivision as previously decreed. The administration...
Court Disposition
Applications determined: respondent's application dismissed; applicant's application allowed to the extent of ordering police security for subdivision.
Orders
- The OCS Meru Police Station is ordered to provide adequate security to the District Surveyor Meru to enable the surveyor subdivide parcel number Abothuguchi/Githongo/815 as per the judgment of this court dated 13th March 2008. This exercise should be undertaken within 30 days from today's date.
- The chamber summons dated 27th May 2010 is dismissed with no orders as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
SUCCESSION
·The administrator is first registered in the title of deceased property in transmission before sharing the property to the beneficiaries.
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
SUCC. CAUSE NO. 161 OF 2002
IN THE MATTER OF THE ESTATE OF THE LATE M’IMANYARA M’TURUCHIU (DECEASED)
MUNYANGE M’IMANYARA ........................................................................................PETITIONER
VERSUS
M’RARAMA M’TUARUCHIU.........................................................................................OBJECTOR
RULING
Judgment was delivered in this case on 13th March 2008 to the effect that the suit property Abothuguchi/Kithongo/815 was to be shared between Munyange M’Imanyara and M’Rarama M’Turuchiu with each of them getting a share of that property in “The proportion each currently occupies.” The sub division in accordance with that judgment has never been undertaken. I am dealing with two applications in this ruling. One is dated 18th May 2010. It is filed by Munyange M’Imanyara. She seeks that an order be issued ordering OCS Meru Police Station to provide security to the district surveyor Meru to sub divide the land as per the judgment of the court. Munyange deponed that on 21st April 2010, the District Surveyor Meru went on the suit property to sub divide it, but was prevented by M’Rarama who in the company of many other people who were armed with pangas, crabs and stones. Munyange stated in her affidavit that M’Rarama has no intention of putting into effect the judgment of the court. The application was opposed by M’Rarama. It was opposed on the basis that Munyange had registered the suit property in her name. According to M’Rarama she could then give him any portion of land she wished. M’Rarama also filed an application which is under consideration in this ruling. The application is dated 27th May 2010. He seeks an order that the registration of the suit property in the name of Munyange be cancelled because it was against the order in the judgment of this court. In response, Munyange stated that she obtained registration of that suit property, in her name, as proprietor in transmission. That indeed is the correct procedure. The deceased property must first be registered in the administrator’s name before being sub divided to the beneficiaries. That is done through the filing of form RL19. Munyange did not therefore contravene the judgment of this court and it is for that reason that I find the application by M’Rarama dated 27th May 2010 to be without merit and is dismissed. In my view, it is about time the administration of this estate was brought to a close. The orders that commend myself to me are as follows:-
1. The OCS Meru Police Station is ordered to provide adequate security to the District Surveyor Meru to enable the surveyor subdivide parcel number Abothuguchi/Githongo/815 as per the judgment of this court dated 13th March 2008. This exercise should be undertaken within 30 days from todays date. A mention date will be given at the reading of this ruling when the court will monitor the progress being made.
2. The chamber summons dated 27th May 2010 is dismissed with no orders as to costs.
3. The Chamber Summons dated 18th May 2010 is allowed to the extent of number 1 above with no orders as to costs.
Dated, signed and delivered at Meru this 31st day of March 2011.
MARY KASANGO
JUDGE