[2014] KEHC 5871 (KLR)
The court found that the respondents' refusal to sign the transmission documents was contrary to the express wishes of the deceased and the terms of the confirmed grant issued on 25th November 2011. The evidence presented, including testimony from witnesses who recorded the deceased's wishes, established that the...
Source-derived case information.
- Citation
- [2014] KEHC 5871 (KLR)
- Parties
- Applicant: Christine Gathoni Karanja; Respondent: Washington Waiganjo Wang'ombe; Respondent: Geoffrey Thuku Wang'ombe
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 529 of 2013
- Procedural Posture
- Succession Application / Ruling on Application for Execution of Transmission Documents
- Outcome
- application allowed
- Legal Topics
- Administration of Estates, Transmission of Land, Beneficiary Rights, Grant Confirmation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christine Gathoni Karanja
Applicant
Washington Waiganjo Wang'ombe
Respondent
Geoffrey Thuku Wang'ombe
Respondent
Procedural Posture
Succession Application / Ruling on Application for Execution of Transmission Documents
Legal Issues
- 1 Whether the Deputy Registrar should be authorised to execute transmission documents for LR No. OTHAYA/KIHUGIRU/211 on behalf of beneficiaries refusing to sign.
- 2 Whether the respondents' refusal to sign is contrary to the confirmed grant and the deceased's wishes.
Ratio Decidendi
The court found that the respondents' refusal to sign the transmission documents was contrary to the express wishes of the deceased and the terms of the confirmed grant issued on 25th November 2011. The evidence presented, including testimony from witnesses who recorded the deceased's wishes, established that the distribution of LR No. OTHAYA/KIHUGIRU/211 was to be made among the beneficiaries as specified. The court held that, in such circumstances, it is empowered to authorise the Deputy Registrar to execute the necessary documents to ensure the estate is distributed in accordance with the confirmed grant and the law. The application was therefore merited and allowed.
Court Disposition
application allowed
Orders
- The Deputy Registrar of the High Court at Nyeri is authorised to execute all relevant documents for the partition and transfer of LR No. OTHAYA/KIHUGIRU/211 to the beneficiaries in five equal portions.
- Each party shall bear their own costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
SUCCESSION CASE NO. 529 OF 2003
IN THE MATTER OF THE ESTATE OF
WANG'OMBE THUKU.............................................................. DECEASED
AND
WASHINGTON WAIGANJO WANG'OMBE..............................PETITIONER
RULING
By a notice of motion dated 23rd January 2012 the applicant CHRISTINE GATHONI KARANJA moved this court for an order that :
The Deputy Registrar of this honourable court be and is hereby empowered and authorised to execute all relevant documents from the Land Control Board, Survey documents partition and transfer of land No. LR OTHAYA/KIHUGIRU/211 in the names of the beneficiaries
The application was supported by the affidavit of the applicant in which she deponed that some of the beneficiaries namely WASHINGTON WAIGANJO WANG'OMBE and GEOFFREY THUKU WANG'OMBE had refused to sign and execute documents for transmission.
The respondents were duly served and on 7th December 2012 appeared before court for interpartes hearing when this court ordered that the respondent submit any evidence of the proposed subdivisions.
On 14th December 2012 the matter proceeded for oral hearing when P.W.1 PHILIP WACHIRA WAMBUGU testified that in 1997 the deceased called him and told him to write down his wishes and stated that JANE WANJIRU to be given one (1) acre from the West followed by JANET NJERI one (1) acre on the Eastern side WASHINGTON WANG'OMBE was to get one acre and whatever remained was for his wife. He further confirmed that he attended to the D.C.'s office. This was confirmed by P.W.2. JOSEPH WAMBUGU P.W.3 DAVID THEURI PW4 DAVID KOSKEI who was then D.C. at Othaya.
The Respondents in their response stated that it was the wishes of their late father that they get the share of land rather than the applicants and that they were not willing to go against the said wishes.
It is therefore clear that the respondent have refused and or declined to sign the documents against their fathers express intention and as confirmed in through the confirmed grant issued on 25th November 2011.
I therefore find merit in the application herein and hereby authorise the Deputy Registrar of this court to execute the necessary documents for transmission of LR No.OTHAYA/KIHUGIRU/211 to the beneficiaries herein into five (5) equal portions.
This being a family dispute each party shall meet their own cost.
Dated and delivered at Nyeri this 4th day of April 2014.
J. WAKIAGA
JUDGE
Court: Ruling delivered in open court in the presence of the parties.
J. WAKIAGA
JUDGE