Automated Summary
Key Facts
The High Court of Kenya at Nakuru ruled on Succession Cause No. 236 of 1994 regarding the estate of Petro Kiriuki Wachira (deceased). The court allowed prayers (a)-(c) seeking rectification of land records, title issuance to beneficiaries, and cancellation of titles in the name of Margaret Wanjiru. The case, an old matter requiring finalization, was supported by prior court orders and a surveyor's report. Costs were ordered to be paid from the estate.
Deceased Name
Petro Kiriuki Wachira
Issues
- The court ordered the County Director of Survey Services Kisumu to rectify the names in respect of Land parcels No. KISUMU/MANYATTA A/4396, 4397, 4398 & 4399 to reflect adjustments as per the report and findings dated 10/11/2017. This followed prior court orders from 8/02/1013 and 20/06/2016.
- The court ordered the Nakuru District Land Registrar to rectify records for land parcels ELBURGON/ARIMI NDOSWA Block 4/319 and 4/320 by cancelling Title Deeds in Margaret Wanjiru's name. Titles are to revert to Petro Kiriuki Wachira (deceased), following a 2012 revocation by Justice William Ouko.
- The court directed the County Land Registrar Kisumu to issue Titles in line with new measurements for land parcels KISUMU/MANYATTA A/4396, 4397, 4398 & 4399 in the names of the respective beneficiaries after rectification.
Holdings
- Upon rectification, the county Land Registrar Kisumu must issue Titles in line with the new measurements for Land parcels KISUMU/MANYATTA A/4396, 4397, 4398 & 4399 to the respective beneficiaries.
- The Nakuru District Land Registrar must rectify records for land parcels ELBURGON/ARIMI NDOSWA BLOCK 4/319 and 4/320 by cancelling Title Deeds in Margaret Wanjiru's name, reverting them to Petro Kariuki Wachira (deceased) following the revocation of the grant by William Ouko J on 24/02/2012.
- Costs associated with the ruling are to be paid from the Estate of Petro Kiriuki Wachira.
- The County director of Survey services Kisumu is directed to rectify the names in respect of Land parcels No. KISUMU/MANYATTA A/4396, 4397, 4398 & 4399 to reflect adjustments as per the report and findings dated 10/11/2017.
Remedies
- Upon rectification as directed above, the county Land Registrar Kisumu to issue Titles in line with the new measurements in respect of Land parcels no KISUMU/MANYATTA A/4396, 4397, 4398 & 4399 in the names of the respective beneficiaries.
- The Nakuru District Land Registrar to rectify the records of land parcels No. ELBURGON/ARIMI NDOSWA BLOCK 4/319 and ELBURGON/ARIMIN NDOSWA Block 4/320 by cancelling the Title Deeds in the names of Margaret Wanjiru in view of the revocation of the grant by William Ouko J (as he then was) on 24/02/2012. The titles are to revert into the names of Petro Kariuki Wachira the deceased herein.
- Costs to be paid from the Estate.
- The County director of Survey services Kisumu to rectify the names in respect of Land parcels No. KISUMU/MANYATTA A/4396, 4397, 4398 & 4399 to reflect the adjustments as per the report and finding dated 10/11/2017
Will Type
Other
Probate Status
Court allows land title rectifications and reissues for the estate of Petro Kiriuki Wachira.
Succession Regime
Other succession framework applied in the estate matter.
Executor Name
LAWRENCE KAGAI KARIUKI
Executor Appointment
Named in Will
Judge Name
H. I. ONG'UDI
Passage Text
- (c) The Nakuru District Land Registrar to rectify the records of land parcels No. ELBURGON/ARIMI NDOSWA BLOCK 4/319 and ELBURGON/ARIMIN NDOSWA Block 4/320 by cancelling the Title Deeds in the names of Margaret Wanjiru in view of the revocation of the grant by William Ouko J (as he then was) on 24/02/2012. The titles are to revert into the names of Petro Kariuki Wachira the deceased herein. (see the orders issued on 30/4/2013)
- 1. This is the summons dated 17/6/2025. Its supported by the grounds on its face plus the affidavit of Lawrence Kagai Kariuki the Executor of the Wills herein. I have perused the file, the orders issued by this court and find the record speaking for itself. This is an old matter which should have been dealt with to finalization long time ago. The prayers sought by the Applicant are well supported by Orders already issued herein and a report filed by the Surveyor (LKK3) following a Court Order dated 8/02/1013 issued by Justice (rtd) Anayara Emukule. A further order on the issue of survey was issued by Justice A. K. Ndung'u on 20/06/2016. I therefore find merit in the summons dated 17/6/2025 and allow prayers No. a, b & c.
- (a) The County director of Survey services Kisumu to rectify the names in respect of Land parcels No. KISUMU/MANYATTA A/4396, 4397, 4398 & 4399 to reflect the adjustments as per the report and finding dated 10/11/2017