[2014] KEHC 4215 (KLR)
The court found that the applicants' interests in the estate had been identified and the mode of distribution consented to by all beneficiaries at the time of confirmation of the grant. The administrators/respondents had no objection to the application and failed to effect the transfer of the properties as required....
Source-derived case information.
- Citation
- [2014] KEHC 4215 (KLR)
- Parties
- Respondent: Simon Muthiani Mwangangi; Respondent: James Mwangangi; Applicant: Robert Ndetto Mwangangi; Applicant: Justus Mutua Kitingo; Applicant: Stanley Muia Makau
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 746 of 2012
- Procedural Posture
- Succession Cause / Ruling on Application to Compel Transfer of Property Post Confirmation of Grant
- Outcome
- application allowed as prayed
- Judges
- LN Mutende
- Legal Topics
- Succession, Confirmation of Grant, Transfer of Property, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Muthiani Mwangangi
Respondent
James Mwangangi
Respondent
Robert Ndetto Mwangangi
Applicant
Justus Mutua Kitingo
Applicant
Stanley Muia Makau
Applicant
Procedural Posture
Succession Cause / Ruling on Application to Compel Transfer of Property Post Confirmation of Grant
Legal Issues
- 1 Whether the administrators/respondents should be compelled to transfer the applicants' properties pursuant to the confirmed grant.
- 2 Whether the Deputy Registrar should be authorized to sign transfer documents in default by the administrators.
Ratio Decidendi
The court found that the applicants' interests in the estate had been identified and the mode of distribution consented to by all beneficiaries at the time of confirmation of the grant. The administrators/respondents had no objection to the application and failed to effect the transfer of the properties as required. The court held that there was no justification for the administrators' reluctance and, in accordance with the Law of Succession Act and Civil Procedure Act, allowed the application as prayed, compelling the administrators to transfer the properties to the applicants and authorizing the Deputy Registrar to sign the relevant documents in default.
Court Disposition
application allowed as prayed
Orders
- Administrators/respondents are compelled to effect transfer of the applicants' properties pursuant to the confirmed grant.
- In default, the Deputy Registrar is authorized to sign transfer documents or any other relevant documents pertaining to Kalama/Muumandu/479 and Machakos Konza North B, Block 1/73.
Full Case Text
Judgment text and source record
21 paragraphs
No.319/2014
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
SUCCESSION CAUSE NO. 746 OF 2012
IN THE MATTER OF THE ESTATE OF MWANGANGI KIMATU MUUMBWA (DECEASED)
SIMON MUTHIANI MWANGANGI….….………..…1ST PETITIONER/RESPONDENT
JAMES MWANGANGI….………….…..…………….2ND PETITIONER/RESPONDENT
AND
ROBERT NDETO MWANGANGI…..……....1ST INTERESTED PARTY /APPLICANT
JUSTUS MUTUA KITINGO…...………......2ND INTERESTED PARTY /APPLICANT
STANLEY MUIA MAKAU……….……….......3RD INTERESTED PARTY /APPLICANT
RULING
The application dated 24th February, 2014 is brought pursuant to the provisions of Section 47 of the Lawof Succession Act, and Rule 49 of the Probateand Administration Rules and Section 98 of the Civil Procedure Act. It seeks orders that the Administrators/Respondents, herein be compelled to effect transfer of the applicant’s properties pursuant to the confirmation of the grant; and in default the Deputy Registrar do sign transfer document or any other relevant documents pertaining to properties known as Kalama/Muumandu/479 and Machakos Konza North B, Block 1/73.
The application is supported by an affidavit deponed by the 3rd applicant having been authorized by the 1st and 2nd applicants who state that having purchased properties from the deceased at the time of confirmation of the grant the properties were distributed to them . However, the respondents have continued to frustrate them by not transferring the land to them.
The respondents did not oppose the application. They appeared in court during hearing whereby they reiterated their position of not having any objection to the application.
The Grant of Letters of Administration intestate issued in the matter was confirmed on the 6th June 2013. A certificate thereof was issued on the 4th July, 2013.
Interests of the applicants were identified. All beneficiaries consented to the proposed mode of distribution of the estate of the deceased. This being the case there should be no reluctance on the part of the administrators in effecting transfer of properties as sought. The application is therefore allowed as prayed.
Costs of the application shall be borne by the Respondents.
DATED, SIGNEDand DELIVERED at MACHAKOS this 16THday of JUNE 2014.
L.N. MUTENDE
JUDGE