[2016] KEHC 4544 (KLR)
The court determined that the confirmed grant of 15th January, 1991 remains in force and must be complied with, specifically regarding Rachael Njeri Gitau's entitlement to Dagoretti/Kinoo/T.403. The court found that the orders of the ruling of 7th July, 2015 had not been complied with, particularly in relation to...
Source-derived case information.
- Citation
- [2016] KEHC 4544 (KLR)
- Parties
- Applicant: Samuel Kinyanjui; Applicant: Edward Ndungu; Applicant: Peter Kiambuthi; Respondent: Geoffrey Richu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 673 of 1990
- Procedural Posture
- Succession Cause / Post Ruling Directions on Subdivision and Compliance
- Outcome
- Directions issued; respondent's informal application dismissed; compliance with previous orders required.
- Legal Topics
- Succession Estate Distribution, Confirmed Grant Compliance, Subdivision of Land, Beneficiary Entitlements
- 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 / Post Ruling Directions on Subdivision and Compliance
Legal Issues
- 1 Whether the confirmed grant of 15th January, 1991 regarding Rachael Njeri Gitau's entitlement to Dagoretti/Kinoo/T.403 has been complied with.
- 2 Whether the subdivision proposals and consent filed by the applicants comply with the court's previous ruling of 7th July, 2015.
- 3 Whether the letter dated 9th February, 2016 by the respondent constitutes a proper application for review of the court's ruling.
Ratio Decidendi
The court determined that the confirmed grant of 15th January, 1991 remains in force and must be complied with, specifically regarding Rachael Njeri Gitau's entitlement to Dagoretti/Kinoo/T.403. The court found that the orders of the ruling of 7th July, 2015 had not been complied with, particularly in relation to the confirmation of ownership of Dagoretti/Kinoo/T-408, which is necessary for the subdivision of Dagoretti/Kinoo/600. The court held that the respondent's letter of 9th February, 2016 does not constitute a proper application for review and must be formally filed and served to be considered. Any consent regarding subdivision must be served on and agreed by all parties before the...
Court Disposition
Directions issued; respondent's informal application dismissed; compliance with previous orders required.
Orders
- The confirmed grant of 15th January, 1991 regarding Rachael Njeri Gitau's entitlement to Dagoretti/Kinoo/T.403 stands unless varied by proper application.
- The respondent's letter dated 9th February, 2016 is dismissed as an application until formally filed and served.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
INTHE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 673 OF 1990
IN THE MATTER OF THE ESTATE OF JOSEPH GITAU RICHU (DECEASED)
SAMUEL KINYANJUI ……………….…………………………………..………… 1ST APPLICANT
EDWARD NDUNGU…………………………………….……………………………2ND APPLICANT
PETER KIAMBUTHI……………….………………………………………………..3RD APPLICANT
VERSUS
GEOFFREY RICHU……….……………………………………………………………RESPONDENT
RULING
Further to the Ruling of the Court of 7th July, 2015 on the subdivision proposals presented by the Surveyor of both the administrators and beneficiaries, the Court gave its determination based on the proposals and the confirmed grant.
Following the ruling the following issues have arisen;
Rachael Njeri was a sister to the Respondents. She was entitled according to the confirmed grant of 15th November, 1991 to have a share in the suit property Dagoretti/Kinoo/T.403. She is deceased and her property has not been transferred to the family.
Geoffrey Gitau Richu who engaged Geodata Land Surveyors and Consultants wrote to Court on 9th February, 2016 and informed the Court that from the proposed subdivision by Geomeasure Surveyors Limited which showed the road at the centre of the land, this will affect existing buildings and other development e.g the borehole. He attached photographs of the said permanent structures and asked this Court to give directions.
The Applicants filed a consent on 8th December, 2015 to the mode of sub-division of plot No. Dagoretti/Kinoo/600 to be distributed and be subdivided in terms of paragraph (e) of Lady Justice M. Muigai’s ruling dated 7th July, 2015.
The Court will address the matters as follows;
The confirmed grant of 15th January, 1991 is to the effect that Racheal Njeri Gitau acquires Dagoretti/Kinoo/T.403 whole. The deceased’s family shall claim the suit property from the administrators of this deceased’s estate if not the family of Rachael Njeri (deceased) shall file an appropriate application in Court against the administrators and serve them to be heard and determined by the Court.
With regard to the letter dated 9th February 2016 by the Objector, the Court finds the orders of the Ruling of 7th July, 2015 have not been complied with to date. The ownership of Dagoretti/Kinoo/T- 408 has not been confirmed to this Court as required so as to inform the process of subdivision to be applied with regard to Dagoretti/Kinoo/600.
Secondly the letter of 9th February, 2016 should be formally filed in Court as an application for review of the Court’s Ruling of 7th July, 2015 and served to the other parties for this Court to hear and determine.
In default of any review of the said Ruling and/or appeal lodged against the Ruling the latter is dismissed until filed appropriately and served to the parties.
The consent filed on 8th December, 2015 has to be served on all parties and shall be agreed upon by all parties before it is adopted by the Court to vary the Ruling of 7th July, 2015.
DELIVERED AND SIGNED AT NAIROBI THIS 14TH DAY OF JUNE 2016
M. W. MUIGAI
JUDGE
In the presence of Peter Kiambuthi 3rd Applicant