In re Estate of Harry Louis Nangurai (Deceased) [2024] KEHC 11114 (KLR)

In re Estate of Harry Louis Nangurai (Deceased) (Succession Cause 207 of 2009) [2024] KEHC 11114 (KLR) (Family) (19 September 2024) (Ruling)

Neutral citation: [2024] KEHC 11114 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Succession Cause 207 of 2009

HK Chemitei, J

September 19, 2024

IN THE MATTER OF THE ESTATE OF HARRY LOUIS NANGURAI (DECEASED

Between

John P Nangurai

Co- Administrator

and

Ruth Hellen Sempeyo Nangurai

1st Respondent

Andrew Loue Nangurai

2nd Respondent

George M Nangurai

3rd Respondent

Ruling

1. This ruling relates to the application dated 8th March, 2023 filed by the Applicant, John P. Nangurai seeking for Orders that:-(a)Spent.(b)Spent.(c)This honourable court be pleased to grant an order directing the Land Registrar, Ngong, to dispense with production of original Title Deeds for the parcels of land known as Ngong/Ngong/49207, 49208, 49209, 49210, 49442, 56557, 56558 and 274. (d)This honourable court be pleased to grant an order directing the Land Registrar, Ngong, to dispense with the consent of the Land Control Board in the execution of the terms of the confirmed grant.(e)This honourable court be pleased to grant an order directing the Land Registrar, Ngong, to dispense with the signature of Mr. Andrew Loue Nangurai a co–administrator in the execution of the terms of the confirmed grant.(f)Costs of this application be in the cause.

2. The application is supported by affidavit sworn by John P. Nangurai on 8th May, 2023. He avers inter alia that they have complied with all the requirements related to the transfer of land parcel number Ngong/Ngong/289 but Andrew Loue Nangurai, co–administrator, and his advocate on record, have refused to co–operate in the process thus stalling everything.

3. The application is not opposed.

4. It appears from the record that the 2nd Respondent who is also a co administrator of the estate has frustrated all the efforts to complete the process. There is avalanches of correspondences to that effect.

5. His counsels on record have not aided the matter. At least they should have responded to the various correspondences by their counterparts or at least return the mutation forms if their client had failed and or refused to execute.

6. Nonetheless since the properties mentioned herein are in line with the mutation forms and the deed of agreement agreed by the parties and thereafter in the rectified grant there is no reason to deny the applicant and by extension all the other beneficiaries their right to get their inheritance.

7. In the premises and in view of the fact that the second respondent though a joint administrator with the applicants has refused to act in furtherance of the grant issued to them, this court shall exercise its inherent powers. The estate ought to be brought to a foreclosure.

8. In the premises the application herein is allowed in terms of prayers (c), (d) and, (e) thereof.

9. The applicant shall have the costs of this application.

DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 19TH DAY OF SEPTEMBER 2024. H K CHEMITEIJUDGE