In Re the Estate of Kapaito Ole Parimbai (Deceased) [2013] KEHC 6798 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MILIMANI

SUCCESSION CAUSE NO. 292 OF 1991

IN THE MATTER OF THE ESTATE OF KAPAITO OLE PARIMBAI – (DECEASED)

RULING

The application dated 28th February 2012 seeks orders that the Deputy Registrar of this court do execute transfer documents to effect transfer of Ngong/Ngong/10249 to the applicant and that the Land Registrar at the Ngong lands office do cancel the registration of Mary Wanjiru Kapaito as properties of Ngong/Ngong/10249 and substitute her name will that of the applicant.

The background is that the said property was originally registered in the name of the applicant.  There is a title deed dated 22nd July 1993 which attests to this.  Under unclear circumstances, the name of the applicant was removed from the register and replaced with that of Mary Wanjiru Kapaito.  A title deed issued in the name of Mary Wanjiru Kapaito is annexed to the application and is dated 18th August, 2004.

That matter was litigated upon in this cause and on 10th June 2005, Koome J, as she then was, held that Ngong/Ngong/10249 ought not have been registered in the name of Mary Wanjiru Kapaito and ordered that the said title do revert to the previous registratered proprietor, Rose Agiza Ndeyi Keyonzo.

The applicant's case is that the reversion ordered by the court in this cause on 10th June 2005 has not yet happened, despite all the efforts she has made towards that end.  It is for these reasons that she would like the court to intervene.

There is on record affidavits of service, sworn on 13th March 2012 and 2nd April 2012 respectively, showing that the application was served on counsel for the respondent, Mary Wanjiru Kapaito.

The application is not opposed as the respondent has not filed documents in reply to it.

In the circumstances, the orders sought in the said application are for granting, and I do hereby allow the said application in the terms proposed.  As it is lack of cooperation by the respondent which has provoked this application, the applicant shall have costs thereof.

DATED, SIGNED and DELIVERED at NAIROBI  this 8th DAY OF November,  2013.

W. M. MUSYOKA

JUDGE