Kamau v Njamba [2025] KEHC 5756 (KLR)

Kamau v Njamba (Succession Cause 268 of 2012) [2025] KEHC 5756 (KLR) (7 May 2025) (Ruling)

Neutral citation: [2025] KEHC 5756 (KLR)

Republic of Kenya

In the High Court at Nakuru

Succession Cause 268 of 2012

JM Nang'ea, J

May 7, 2025

Between

Geofrey Njuguna Kamau

Applicant

and

Peter Mwaura Njamba

Administrator

Ruling

1. The Chamber Summons application dated 8th July 2024 filed herein is for the following orders;-1. Spent2. That this Honourable Court be pleased to compel the respondent Peter Mwaura Njamba the 1st administrator of the Estate of the late Paul Njamba Gatari alias Njamba Paul Gatari herein to surrender the Original copy of the Certificate of Confirmation of Grant (Form 54) dated 6th December, 2023 and the title deed for Mau Summit/Molo Block 1/89 (Mutirithia) which are currently under his custody to Court for the purpose of completing transfer process of the purchasers.3. That the Honourable Court be pleased to issue an order to remove the 1st administrator Peter Mwaura Njamba and in his place the Deputy Registrar High Court to be given power to sign all documents necessary for effecting the transfer in favour of the purchasers in this matter in respect of parcel of land known as Mau Summit/Molo Block 1/89 (Mutirithia) in order to complete the process of transferring land to the remaining purchasers.4. That this Honourable Court be pleased to order the Land Registrar to dispense with the signatures and the production of Pin certificates, passport size photographs and copies of National Identity Cards of the respondent/1st administrator (Peter Mwaura Njamba) and in this place the Deputy Registrar of the High Court be authorized to sign all Documents necessary for effecting the transfer in favour of the purchasers in respect of parcel of land known as Mau Summit/Molo Block 1/89 (Mutirithia) as per the certificate of Confirmation issued by this court on 6th December, 2023. 5.That the Honourable Court be pleased to grant order restraining the 1st administrator/Respondent from interfering with the parcel of land known as plot with lodging at keep left in Molo (Molo/Summit Block 1/278) belonging to Lucy Wangui Gitahi.

2. The Summons is supported by the Applicant’s affidavit by which it is contended that the 1st Administrator/Respondent is frustrating the process of distribution of the deceased’s estate after confirmation of the Grant of Letters of Administration herein.

3. No reply to the application is filed despite evidence of service thereof. Accordingly, it is deemed that it is unopposed and the same is allowed as prayed.

J. M NANG’EA, JUDGE.RULING DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT THIS 7TH DAY OF MAY, 2025 IN THE PRESENCE OF:The Applicant, Present in person2nd Administrator’s Advocate, Ms Kimoriot1st Administrator, AbsentThe Court Assistant (Jeniffer)J. M. NANG’EA, JUDGE.