Hellen Silvia Wanjiku v Teresia Wanjiru Migichi [2017] KEHC 2878 (KLR) | Succession | Esheria

Hellen Silvia Wanjiku v Teresia Wanjiru Migichi [2017] KEHC 2878 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT AT NAIROBI

FAMILY DIVISION

SUCCESSION CAUSE NO. 3643 OF 2003

IN THE MATTER OF THE ESTATE OF JOSEPH MIGICHI KAREGWA

AND

HELLEN SILVIA WANJIKU.....................................APPLICANT

VERSUS

TERESIA WANJIRU MIGICHI............................RESPONDENT

RULING

The Applicant’s application filed on 14th August, 2017 confirms that pursuant to the confirmed grant of 2009 by Hon. Judge Rawal rectified on 19th December, 2011 the Applicant Helen Silvia Wanjiku is entitled to Ngong/Ngong 14610 as part of her grandfather’s estate. The Applicant is apprehensive of the disposal of the said suit property. Currently the administrator of the deceased’s estate, widow of the deceased Teresia Wanjiru Migichi has rented out the said parcel of land to a 3rd party and the property is not used by herself or any beneficiary of the estate.

The Respondent was served and there is the affidavit of service filed on 18th September, 2017 where the Respondent was served at Limuru Mutonyora Village, Njambini junction, Nyandarua County.

In the absence of attendance by the Respondent or her representative or any explanation or circumstances by the Respondent or any pleadings filed to controvert the application by the Applicant.

This Court grants the Applicant’s application in terms of the prayer 1.

After the confirmation of grant the distribution ought to take place 6 months after the matter, under Section 55 of Law of Succession Act. The grant was confirmed in 2011.

1. The Deputy Registrar Family Division shall sign all necessary forms to cause the land subdivided in accordance with the rectified confirmed grant of 19th December, 2011.

2. The Applicant shall exercise her beneficial interest over suit property Ngong/Ngong/14610 as granddaughter of the deceased through her mother Mary Wanjiku daughter of the deceased.

3. The Applicant is entitled to free access use and development of the suit property Ngong/Ngong/14610.

4. The Ngong Police shall supervise the Applicant access use and development of the suit property.

It is so ordered.

DATED, SIGNED AND DELIVERED IN OPEN COURT AT NAIROBI THIS 2ND DAY OF OCTOBER, 2017.

M.W. MUIGAI

JUDGE