[2024] KEHC 8355 (KLR)
The court found that the applicant is entitled to 0.3 hectares of parcel No. Kisumu/Dago/65 as per the certificate of confirmation of grant. The respondents are obligated to effect the transfer within 30 days. In the event of non-compliance, the Deputy Registrar or Court Administrator is authorized to sign all...
Source-derived case information.
- Citation
- [2024] KEHC 8355 (KLR)
- Parties
- Applicant: Monica Elizabeth Donde Ochieng; Respondent: Stephene Miruka & 3 others
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 268 of 2010
- Procedural Posture
- Succession Cause / Ruling on Notice of Motion for Transfer of Land
- Outcome
- Application allowed. Orders granted as sought by the applicant.
- Judges
- MS Shariff
- Legal Topics
- Confirmation of Grant, Distribution of Estate, Land Transfer, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monica Elizabeth Donde Ochieng
Applicant
Stephene Miruka & 3 others
Respondent
Procedural Posture
Succession Cause / Ruling on Notice of Motion for Transfer of Land
Legal Issues
- 1 Whether the applicant is entitled to the transfer of 0.3 hectares of parcel No. Kisumu/Dago/65 as per the certificate of confirmation of grant.
- 2 Whether the court should compel the respondents or authorize court officers to effect the transfer in case of non-compliance.
- 3 Who should bear the costs of the transfer process.
Ratio Decidendi
The court found that the applicant is entitled to 0.3 hectares of parcel No. Kisumu/Dago/65 as per the certificate of confirmation of grant. The respondents are obligated to effect the transfer within 30 days. In the event of non-compliance, the Deputy Registrar or Court Administrator is authorized to sign all necessary documents to effect the transfer on behalf of the estate administrators. The Land Registrar is compelled to give effect to the transfer upon presentation of the requisite documents. The applicant is to bear the costs of the transfer. The orders ensure the applicant receives her entitlement under the confirmed grant and provide mechanisms for enforcement in case of...
Court Disposition
Application allowed. Orders granted as sought by the applicant.
Orders
- The application is certified as urgent.
- Respondents to transfer 0.3 hectares of parcel No. Kisumu/Dago/65 to Monica Elizabeth Donde Ochieng within 30 days.
Full Case Text
Judgment text and source record
16 paragraphs
Ochieng v Miruka & 3 others (Succession Cause 268 of 2010) [2024] KEHC 8355 (KLR) (8 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8355 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 268 of 2010
MS Shariff, J
July 8, 2024
Between
Monica Elizabeth Donde Ochieng
Applicant
and
Stephene Miruka & 3 others
Respondent
Ruling
1. I have considered the Applicant’s notice of motion dated 3rd July 2024 and the affidavit in support thereof sworn by Monica Elizabeth Donde Ochieng on even date and I have also perused the certificate of confirmation of grant issued by Justice T. A. Odera on 30th January 2023 and I do hereby make the following orders: -1. This application is hereby certified as urgent.2. The Respondents are hereby ordered to transfer 0. 3 hectares of parcel No. Kisumu/Dago/65 to Monica Elizabeth Donde Ochieng within 30 days from the date hereof.3. In the event of non compliance with order No. 2 hereinabove the Deputy Registrar High Court Kisumu and/or the Court Administrator are hereby authorised to sign all documents and instruments of sub-division, and transmission of an acreage of 0. 3 hectares of parcel No. Kisumu/Dago/65 on behalf of the administrators of the estate of Edwrd Jobunga Okumu so as to transfer the said parcel measuring 0. 3 hectares to Monica Elizabeth Donde Ochieng.4. An order is hereby issued compelling the Land Registrar Kisumu to give effect to order No. 2 and 3 herein above upon presentation of the requisite sub-division and/or transfer documents.5. The Applicant to foot the costs attendant to the transfer and/or transmission.It is hereby so ordered.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 8TH DAY OF JULY, 2024. M. S. SHARIFFJUDGE