[2014] KEHC 2591 (KLR)
The court determined that the dispute centered on the physical allocation of subdivided portions of LR. No.Dagoretti/Kinoo/600, particularly regarding access to the main road. To ensure fairness and resolve the matter conclusively, the court ordered that each party propose two surveyors (excluding those previously...
Source-derived case information.
- Citation
- [2014] KEHC 2591 (KLR)
- Parties
- Applicant: Samuel Kinyanjui; Applicant: Edward Ndungu; Applicant: Peter Kiambuthi; Respondent: Geoffrey Richu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 673 of 1990
- Procedural Posture
- Succession Cause / Ruling on Distribution Dispute After Confirmation of Grant
- Outcome
- Application for fair subdivision allowed; court-directed process for subdivision ordered.
- Judges
- LK Kimaru
- Legal Topics
- Succession Estate Distribution, Confirmation of Grant, Land Subdivision, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Kinyanjui
Applicant
Edward Ndungu
Applicant
Peter Kiambuthi
Applicant
Geoffrey Richu
Respondent
Procedural Posture
Succession Cause / Ruling on Distribution Dispute After Confirmation of Grant
Legal Issues
- 1 How should LR. No.Dagoretti/Kinoo/600 be subdivided among the beneficiaries of the estate of Joseph Gitau Richo.
- 2 What process should be followed to ensure fair and practical distribution of the land, including access to the main road.
Ratio Decidendi
The court determined that the dispute centered on the physical allocation of subdivided portions of LR. No.Dagoretti/Kinoo/600, particularly regarding access to the main road. To ensure fairness and resolve the matter conclusively, the court ordered that each party propose two surveyors (excluding those previously involved), from whom the court would appoint two to jointly prepare a draft subdivision plan. All parties must be present during the survey, and any disagreements are to be recorded and referred to the court. The costs of the surveyors are to be shared equally among all dependants. This approach ensures transparency, fairness, and judicial oversight in the final distribution of...
Court Disposition
Application for fair subdivision allowed; court-directed process for subdivision ordered.
Orders
- Each party to provide two names of surveyors (excluding previous surveyors) for consideration.
- Court to appoint two surveyors to jointly prepare a draft subdivision plan for LR. No.Dagoretti/Kinoo/600.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
SUCCESSION CAUSE NO.673 OF 1990
IN THE MATTER OF THE ESTATE OF JOSEPH GITAU RICHO (DECEASED)
SAMUEL KINYANJUI................................................................1ST APPLICANT
EDWARD NDUNGU.....................................................................2NDAPLICANT
PETER KIAMBUTHI..................................................................3RDAPPLICANT
VERSUS
GEOFFREY RICHU.....................................................................RESPONDENT
RULING
The Respondent, with the consent of all the dependants of the estate of the deceased, petitioned the court to be issued with a grant of letters of administration intestate. The grant was issued to him on 7th August 1990. The grant was confirmed on 15th November 1991. In the certificate of confirmation of grant, the court adopted the Respondent’s proposal in regard to how he intended to distribute the properties that comprised the estate of the deceased to the beneficiaries. A dispute has arisen between the dependants in regard to how a parcel of land registered as LR. No.Dagoretti/Kinoo/600 is to be distributed on the ground. The Respondent made a proposal which has been objected to by the Applicants. On this court’s evaluation of the disagreement, it became apparent that the actual dispute is the position on the ground that each beneficiary is required to get. Part of the dispute is related to the question of access of the various subdivided portions to the main road.
This court is of the view that to resolve the dispute once and for all, the parties herein are ordered to each provide two names of surveyors whom they desire to prepare a draft subdivision plan which shall be approved by the court. Out of the names of the surveyors provided, the court shall nominate two (2) surveyors who shall jointly prepare a draft subdivision plan. During the preparation of the draft subdivision plan, all the parties will be required to be on site. If there shall be any disagreement, the same shall be noted by the surveyors who shall present such complaint to court for determination. The names of the proposed surveyors shall exclude the surveyors who previously surveyed the suit parcel of land. The appointed surveyors will be required to hand in a report together with a draft subdivision plan within thirty (30) days of their appointment by the court. The costs of the two (2) surveyors shall be borne equally by all the dependants. The matter shall be mentioned before a Judge in the Family Division thirty (30) days from the date of delivery of this Ruling to enable that court appoint the two surveyors. There shall be no orders as to costs. It is so ordered.
DATED AT NAIROBI THIS 9TH DAY OF OCTOBER 2014
L. KIMARU
JUDGE