In re Estate of Halima Binti Juma alias Wambaiya Githinji (Deceased) [2017] KEHC 428 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NYERI

HIGH COURT SUCCESSION CAUSE NO. 466 OF 2009

IN THE MATTER OF THE ESTATE OF HALIMA BINTI JUMA alias WAMBAIYA GITHINJI  (DECEASED)

JUMA NJOGU HALIMA………………………..………….….APPLICANT

V E R S U S

WILLIAM WAMICHA NGUYA ……………………...........RESPONDENT

R U L I N G

5/12/17

Before T. Matheka, J

Court Assistant- Harriet

In chambers:

There is on record a Summons for Revocation of Grant dated 9th June 2012, filed by Juma Njogu Halima, and the named respondent is one William Wamicha Nguya.  The issue is the estate of the late Halima Binti Juma alias Wambaiya Githinji , Parcel No. Konyu/Ichuga/753.

It is backdrop that this application has been placed before me under certificate of urgency  supported by the affidavit of Juma Njogu Halima sworn on 4/12/17.

One of the annexures, a certificate of search dated 31st October, 2017 shows that Konyu/Ichuga/753 has been transferred to the following persons: -

·    Lucy Wanjiru Chege

·    Allan Wang’ombe Munyi,

·    Kevin Chege Munyi.

The said transfer was made through an entry made on 26th February, 2016, clearly during the pendency of this matter. It is not that the respondent was not aware of the Summons for Revocation of Grant, at some point he even had counsel on record who appeared on 8th March, 2016, and complained of late service to him.

To now proceed and transfer the property to third parties while that application has not been disposed of, or compromised, is to act in bad faith, whatever the explanation the respondent might have; and is not in furtherance of the ends of justice.

The court is endowed with inherent powers under rule 73 of the Probate & Administration Rules to make orders that will ensure the ends of justice are met and prevent abuse of the court process.

I am persuaded that the application is urgent and allow it in the following terms:

1)   It is certified as urgent

2)   The names of LUCY WANJIRU CHEGE, ALLAN WANG’OMBE MUNYIandKEVIN CHEGE MUNYI be cancelled from the Register of parcel No. KONYU/ICHUGA/753 and the Land Registrar Nyeri is hereby ordered to revert the registration to the original registered proprietor until the determination of this matter.

3)   The application be served on the respondent.

4)   A Hearing date be fixed in the registry

5)   Costs in the cause.

Dated this 5th December 2017

TERESIA MATHEKA

JUDGE

5TH December, 2017