MARY WAIRIMU GITHAIGA v MARGARET WANJIKU WATHUKU [2004] KEHC 167 (KLR)
- Court
- High Court of Kenya
- Case number
- 167
- Citation
- [2004] KEHC 167 (KLR)
- Decided
- 11 November 2004
The applications are dismissed as no orders for partition or sub-division were included in the certificates of confirmation of grant and the process of distribution has already been completed.
Facts
Two succession causes involving the estates of Githaiga Wanjoga and Wanjoga Macheru. The deceased's estate was confirmed in 1998 and the only beneficiaries were Mary Wairimu Githaiga and Margaret Wanjiku Wathuku. The Applicant seeks orders to execute mutation forms.
Issues
- Whether the court can authorize the execution of mutation forms for the distribution of the estate
- Whether the court can authorize the partition or sub-division of the land
Reasoning
The court ruled that succession proceedings are specialized and governed by the Law of Succession Act, not the Civil Procedure Act. The personal representative, the Applicant, had the authority to deal with the dispute within the provisions of the Law of Succession Act.
Outcome
Each application is hereby dismissed. No order as to costs.
Authorities cited
Legislation (3)
- Law of Succession Act
- Registered Land Act
- Civil Procedure Act
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