In re Estate of Mawere Nyambara alias Opiyo [2022] KEHC 13710 (KLR)

In re Estate of Mawere Nyambara alias Opiyo (Succession Cause 5 of 2020) [2022] KEHC 13710 (KLR) (11 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13710 (KLR)

Republic of Kenya

In the High Court at Siaya

Succession Cause 5 of 2020

RE Aburili, J

October 11, 2022

IN THE MATTER OF THE ESTATE OF LATE MAWERE NYAMBARA ALIAS OPIYO (DECEASED)

Between

Barrack Awuor Mawere

Applicant

and

Kerina Oketch

1st Respondent

Caleb Mboya

2nd Respondent

Ruling

1. I have considered the Application dated 29/8/2022 by the Petition/applicant Barrack Awuor Mawere which application is not opposed by the Respondents despite service of the same and a hearing notice upon them for hearing today.

2. The Application seeks orders for signing of the Mutation Forms for Land Parcel No. North Sakwa/Maranda/1136 by the Respondents and in default, the Deputy Registrar of this court to sign the same. It is brought under Section 82 of Law of Succession Act. The Certificate of confirmation of grant was rectified on 21/2/2022 to allow the estate to be fully distributed. The failure by the Respondents to sign the Mutation documents has derailed the process of distribution of the estate of the deceased in favour of the identified bona fide beneficiaries.

3. As there is no reason given for declining to sign the Mutation forms and with evidence of payment of survey fees and demand for signing of the Mutation forms as per the letter dated 22/6/2022 in vain, I find this application merited.

4. I allow the application dated 29/8/2022 and order as follows: 1. That the Respondent Kerina Oketch and Caleb Mboya are directed to sign the Mutation forms for Parcel No. North Sakwa/Maranda/1136 within seven days of this Ruling and deliver the same to the applicant Barrack Awuor Mawere or his advocate.

2. That in default of Order No. (1) above, the applicant shall present the Mutation forms and all documents necessary for the subdivision and transfer to the listed beneficiaries the estate comprising Land Parcel No. North Sakwa/Maranda/1136, to the Deputy Registrar of this court for execution to enable the distribution of the estate of the deceased Mawere Nyambara alias Opiyo to be concluded.

5. I make no orders as to costs.

6. Mention on 24/10/2022 before the Deputy Registrar for further directions regarding execution process.

7. I so order.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 11THDAY OF OCTOBER, 2022R.E. ABURILIJUDGE