Case ID:170683

In re Estate of Gathimba Mwaritha (Deceased) [2020] eKLR

Case Metadata

Case Number:

Succession Cause 86 of 2012

Parties:

In re Estate of Gathimba Mwaritha (Deceased)

Date Delivered:

27 Feb 2020

Case Class:

Civil

Court:

High Court at Kerugoya

Case Action:

Ruling

Judge(s):

Lucy Waruguru Gitari

Citation:

In re Estate of Gathimba Mwaritha (Deceased) [2020] eKLR

Court Division:

Family

County:

Kirinyaga

Case Outcome:

Application allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KERUGOYA

SUCCESSION CAUSE NO. 86 OF 2012

IN THE MATTER OF THE ESTATE OF GATHIMBA MWARITHA.......DECEASED

CHIENGO GATHIMBA...........................................................................APPLICANT

VERSUS

MUGO MWARITHA KATHIMBA.....................................................RESPONDENT

RULING

1. I have considered the application dated 7/3/19. The respondent was severally served with the application and hearing notice. He has not filed any replying affidavit nor has he attended court. The application seeks to execute the grant but the respondent has failed to avail the titles, and other documents to facilitate the sub-division, transfer and registration of the parcels of land.

2. In the alternative he prays that the Executive Officer to sign the documents on behalf of the administrator and the Land Registrar to dispense with the production of the original title.

3. I find that the application is not opposed.

Section 47 of Law of Succession Act

gives court jurisdiction to entertain any application and determine any dispute while

Rule 73 Probate and Administration Rules

provides:-

“Nothing in these rules shall limit or otherwise affect the inherent powers of the court to make such orders as may be necessary for the ends of justice or prevent abuse.”

4. The respondent is the administrator of the estate and has frustrated efforts to have the grant executed by refusing to sign the necessary document and produce original documents. It is in the interest of justice that the grant be executed and the

beneficiaries get their shares. Nothing prevents this court from making the orders which the applicant is seeking in the application. I therefore allow the application as prayed.

Dated at Kerugoya this 27

th

Day of February 2020.

L. W. GITARI

JUDGE