Lydiah Nyaboke Mogaka v John Mainye & another [2017] KEHC 5315 (KLR)
- Court
- High Court of Kenya
- Case number
- 5315
- Citation
- [2017] KEHC 5315 (KLR)
- Decided
- 25 May 2017
The application is allowed in terms of prayers (2), (4) and (5) of the Notice of Motion. The transfer documents will be executed by the Deputy Registrar of the court on behalf of the respondents.
Facts
The applicant, Lydia Nyaboke Mogaka, was granted letters of administration intestate after her application to cite the respondents for letters of administration. The sole estate property was a land parcel No. East Kitutu/Bonyamondo/1/44, to be registered in the names of the applicant and Josephine Monyangi Seremani for sub-division and individual titles.
Issues
- Sub-division of the estate property
- Execution of transfer documents by respondents
Reasoning
The court ruled that the matter was settled by the issuance of the certificate of confirmation of grant and that the remaining step was sub-division of the property and issuance of individual titles. The respondents' refusal to sign the transfer forms caused the land registrar to decline to authorize the sub-division.
Outcome
Application allowed
Orders
- Order of inhibition restricting any dealings with Land Parcel No. East Kitutu/Bonyamondo/1/44
- Order directing the respondents and/or their representatives to sign the relevant land transfer forms
- Order directing the Deputy Registrar of the court to sign the transfer documents on behalf of the respondents
Remedies
- Sub-division of the estate property and issuance of individual titles
Authorities cited
Legislation (3)
- Law of Succession Act
- Civil Procedure Act
- Land Registration Act
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