In re Estate of Katimba Imbiakha (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Kakamega
Category
Civil
Judge(s)
W. Musyoka
Judgment Date
October 02, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of In re Estate of Katimba Imbiakha (Deceased) [2020] eKLR, analyzing key legal issues and outcomes surrounding estate management and inheritance rights.

Case Brief: In re Estate of Katimba Imbiakha (Deceased) [2020] eKLR

1. Case Information:
- Name of the Case: In the Matter of the Estate of Katimba Imbiakha (Deceased)
- Case Number: Succession Cause No. 749 of 2007
- Court: High Court of Kenya at Kakamega
- Date Delivered: 2nd October 2020
- Category of Law: Civil
- Judge(s): W. Musyoka
- Country: Kenya

2. Questions Presented:
The court must resolve whether to grant the application for review and setting aside of clauses 3 and 4 of the orders issued on 27th November 2008, which sought the cancellation of the subdivisions of land parcels South Kabras/Chesero/828 and 1070, and to reinstate the properties to their original titles to facilitate the transmission of land to the beneficiaries as per the certificate of confirmation of grant.

3. Facts of the Case:
The application was filed by Belia Khayanga Imbiakha, the administratrix of the estate of Katimba Imbiakha, who claims that the respondent, Musa Imbiakha Katimba, illegally subdivided two parcels of land belonging to the deceased. The consent orders issued on 27th November 2008 stated that these subdivisions should remain as property of the deceased until the confirmation of the grant. The administratrix contends that the grant has been confirmed, and thus, the subdivisions should be cancelled to facilitate the transmission of the land to the rightful beneficiaries.

4. Procedural History:
The case began with the filing of the motion dated 27th May 2019, which sought to review the earlier orders. Musa Imbiakha Katimba opposed the application, arguing that the court lacked jurisdiction over land registration issues and that the subdivisions occurred during the deceased's lifetime. Directions were given for the application to be decided by written submission, which the applicant complied with on 22nd July 2020. The court had previously confirmed the grant on 25th July 2013, and an appeal against that judgment was dismissed.

5. Analysis:
- Rules: The court considered the relevant statutes regarding succession and land registration, specifically focusing on the powers of the court to review its own orders and the implications of the confirmed grant.
- Case Law: The court referenced previous cases that dealt with the jurisdiction of the High Court in matters of land registration and estate management, emphasizing that consent orders established a binding framework for the parties involved. The previous case law supported the notion that once the grant was confirmed, the subdivisions should be treated as part of the estate.
- Application: The court applied the rules and case law to the current facts, reasoning that the consent orders explicitly stated the subdivisions remained the property of the deceased until the confirmation of the grant. Since the grant had been confirmed and an appeal against that confirmation was unsuccessful, the court found that the administratrix had the right to seek the cancellation of the subdivisions to facilitate proper transmission of the estate.

6. Conclusion:
The court ruled in favor of the administratrix, allowing the application to cancel the subdivisions of the parcels South Kabras/Chesero/828 and 1070, thereby reinstating them to their original titles for the benefit of the beneficiaries as per the confirmed grant. This decision reinforces the authority of consent orders in estate management and the importance of adhering to the confirmed distribution of an estate.

7. Dissent:
There were no dissenting opinions recorded in this case.

8. Summary:
The High Court of Kenya at Kakamega ruled in favor of the administratrix in the matter concerning the estate of Katimba Imbiakha, allowing the cancellation of illegal land subdivisions to restore the property to its original state for proper transmission to beneficiaries. This case underscores the significance of consent orders in succession matters and the court's role in ensuring equitable distribution of estates.

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