https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/13120

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT MERU** **SUCCESSION CAUSE NO. 13 OF 1997** **IN THE MATTER OF THE ESTATE OF THE LATE M’RAIBUNI MUNYORA (DECEASED)** **LUKE MWIRIGI MAGAMBO----------------------------ADMINISTRATOR/APPLICANT** **VERSUS** **WILLIAM JOHN MUGO--------------------------------------------------RESPONDENT** **RULING** 1. The application coming up for determination is dated 10th February 2026 seeking the following orders against the respondent; 2. Spent. 3. An order of inhibition be and is hereby lodged against LR Nos. NKUENE/KATHERA/3370, 3371 and 3372 pending the inter-partes hearing and determination of this application. 4. The be an order of revocation of the titles in respect of LR Nos. NKUENE/KATHERA/3370, 3371 AND 3372 and/or any parcel of land arising from the subdivision of NKUENE/KATHERA/738 to enable the applicant/administrator to implement the grant as confirmed by this court. 5. Costs of this application be borne by the respondent. 6. That the court do make any other or such orders which it may deem fit to grant in the circumstances. 7. The application is anchored on the supporting affidavit sworn by the applicant on even date and on the grounds deponed herein. 8. In a nutshell, the applicant contends that subsequent to the confirmation of the grant issued to him, he was alarmed that the parcel number NKUENE/KATHERA/738 was subdivided into 3 resultant parcel numbers NKUENE/KATHERA/3370, 3371 and 3372 without his knowledge and that the subdivision was done contrary to the confirmed grant. 9. The applicant faults the respondent for that situation and thus seeks the orders sought against him. 10. The application is opposed vide the respondent’s replying affidavit sworn on the 27th April 2026. 11. The respondent asserts that the subdivision of LR No. NKUENE/KATHERA/738 was done pursuant to the confirmed grant and pursuant to this court’s order dated 18th August 2025 which remains in force and has never been challenged. 12. This court has perused the application and the response by the parties. No submissions were filed. 13. The issue for determination is whether or not sufficient grounds have been adduced to warrant an order of inhibition and revocation of the titles in respect to LR No. NKUENE/KATHERA/738. 14. The applicant states that the sub-division has resulted into 3 titles namely LR Nos. NKUENE/KATHERA/3370, 3371 and 3372, instead of the 2 ordered in the grant. 15. The confirmed grant of letters of administration issued to the applicant clearly distributed LR No. NKUENE/KATHERA/738 equally between Silas Mwiti J. Raibuni and William John Mugo (the respondent herein). 16. This court’s order dated 18th August 2025 directed that the Land Registrar dispense with the production of the original title to NKUENE/KATHERA/738 while executing the grant and that the Executive Officer to sign transfer documents on behalf of the respondent. 17. I have perused the green card annexed to the applicant’s supporting affidavit. 18. It is evident that the subdivision was done on the 2/10/2025. Contrary to the applicant’s assertion, land parcel No. NKUENE/KATHERA/738 was sub-divided into 2 portions, namely LR No. NKUENE/KATHERA/ 3370, and LR No. NKUENE/ KATHERA/3372. The green card does not bear any parcel No. LR No. NKUENE/KATHERA/ 3371. 19. In my view, the said subdivision was in conformity with the grant. No evidence has been adduced to show otherwise and/or to show any malice on the part of the respondent. The alleged parcel LR No. NKUENE/ KATHERA/3371 does not exist and if it does it is not a direct sub-division of LR Nos. NKUENE/KATHERA/738. 20. For the foregoing reasons, the application dated 10th February 2026 is devoid of merit and it is dismissed, with no orders as to costs. 21. The applicant is directed to finalize on the administration of the remainder of the estate of the deceased expeditiously. **DATED, SIGNED AND DELIVERED AT MERU THIS 18th DAY OF AUGUST 2026.** **H. M. NYAGA** **JUDGE**