Janet Wanjiku Njoroge v Kamau Kinyanjui Kamau [2015] KEHC 8026 (KLR)
- Court
- High Court of Kenya
- Case number
- 8026
- Citation
- [2015] KEHC 8026 (KLR)
- Decided
- 8 December 2015
The application is allowed, and the respondent is directed to sign the survey plan within 30 days. If he fails, the Deputy Registrar shall sign on his behalf. The respondent shall pay the costs of the application.
Facts
The deceased Kinyanjui Wanguru died intestate in 1982. His son Kamau Kinyanjui Kamau and his daughters in-law Mwihaki Kariuki Kamau and Janet Wanjiku Njoroge petitioned for the grant of letters of administration intestate. The grant was confirmed, and the parcel was to be registered in the names of administrators for their own behalf and in trust for other beneficiaries.
Issues
- Mode of distribution of the deceased's estate
- Refusal to execute the sub-division plan
Reasoning
The respondent refused to execute the sub-division plan, but the parties agreed to the mode of distribution during the confirmation of the grant. The court directs the respondent to sign the survey plan.
Outcome
Application granted
Orders
- Respondent to sign the survey plan within 30 days
- Deputy Registrar to sign on respondent's behalf if he fails
Remedies
- Costs of the application
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