[2017] KEHC 6977 (KLR)
The court found that the interested party's application to compel the petitioner to transfer her share of land was justified because the administratrix had not executed the transmission as required by the confirmed grant. Since the application succeeded, there was no basis to order the interested party to pay costs....
Source-derived case information.
- Citation
- [2017] KEHC 6977 (KLR)
- Parties
- Petitioner: Sarah Kathure Mutuma; Applicant: Kaembe M’Rutere
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 279 of 2010
- Procedural Posture
- Succession Cause / Ruling on Costs Application Post Confirmation of Grant
- Outcome
- Application for costs against the interested party dismissed; costs of survey, subdivision, registration, and legal fees to be shared among beneficiaries according to their shares.
- Legal Topics
- Distribution of Estate, Costs of Administration, Land Transfer, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sarah Kathure Mutuma
Petitioner
Kaembe M’Rutere
Applicant
Procedural Posture
Succession Cause / Ruling on Costs Application Post Confirmation of Grant
Legal Issues
- 1 Whether the interested party should pay costs for the application compelling the petitioner to transfer land as per the confirmed grant.
- 2 How costs of survey, subdivision, registration, and legal fees should be apportioned among beneficiaries.
Ratio Decidendi
The court found that the interested party's application to compel the petitioner to transfer her share of land was justified because the administratrix had not executed the transmission as required by the confirmed grant. Since the application succeeded, there was no basis to order the interested party to pay costs. Additionally, the court held that costs related to survey, subdivision, registration, and legal fees should be shared among all beneficiaries in proportion to their respective shares, with the interested party responsible for 1/13 of the total costs for parcel Kiirua/Naari/1563, as it was being shared among 13 beneficiaries.
Court Disposition
Application for costs against the interested party dismissed; costs of survey, subdivision, registration, and legal fees to be shared among beneficiaries according to their shares.
Orders
- No order as to costs against the interested party for the application.
- Costs of survey, subdivision, registration, and legal fees to be shared among beneficiaries in proportion to their entitlement.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
H.C SUCCESSION CAUSE NO. 279 OF 2010
IN THE MATTER OF THE ESTATE OF THE LATE JOSEPH
MUTUMAM’RAIKANYAalias JOSEPHMUTUMA
RAIKANYA alias JOSEPH MUTUMA – DECEASED
SARAH KATHURE MUTUMA...................................PETITIONER
VERSUS
KAEMBE M’RUTERE..........APPLICANT/INTERESTED PARTY
RULING
The petitioner herein Sarah Kathure Mutuma filed application seeking the court to make an order that Kaembe M’Rutere, the applicant/interested party should pay costs of application she filed on 6th January 2015 to compel the petitioner to transfer to her portion of land No. Kiirua/Naari/1563 as decided in Land Disputes Tribunal Case No. 27 of 2000. The petitioner argued that the applicant having been provided for as an interested party in certificate of confirmation dated 5th July 2011 ought not to have filed an application in court.
By the time the application was made by the interested party herein on 6th January 2015, the administratrix had not executed the transmission of the portion of land the interested party was entitled to as duty that was bestowed upon her by the grant and confirmation of Letters of Administration to distribute the estate of the deceased as consented to by the beneficiaries and the dependants of the deceased. On 7th July 2015 the court gave the Administratrix 60 days to execute the transfer. In essence the interested party’s application succeeded. This court cannot therefore make an order for the interested party to pay costs on account of the application. Concerning costs of survey, subdivision registration and legal fees the same should be shared among the beneficiaries according to the portions of land transferred to them. For instance parcel of Land No. Kiirua/Naari/1563 is being shared among 13 beneficiaries and therefore the interested party shoulder cost equivalent to 1/13 of the total amount.
Orders accordingly.
Ruling Delivered and signed on this 21st day of February 2017.
A. ONG’INJO
JUDGE