Dr Anne Muthoni Karanu, Michael Karanu, Richard Karanu have filed this case against, Highland Surveyors Limited, David Kang’ethe Karanu, Ann Muthoni Karanu, Dr. Joseph Kang’ethe Karanu. These parties are family members thus administrators, administratrixes and beneficiaries of the estate of the late George Edward Karanu. The other parties have been enjoined as interested parties. The dispute revolves on a matter which is also pending in the High Court being High Court succession cause no E002 of 2022. Though a certificate of confirmation of grant was issued on 4th July 2023.
In the said Certificate of Grant, it was directed that properties known as of LR.8851-3, LR.8851-21 and LR 4630-35, which are extensive parcels of land forming over 800 acres would be distributed to the thirteen (13) beneficiaries of the estate upon the amalgamation and later subdivision of the extensive land into smaller parcels. The administrators and beneficiaries of the estate of the late George Edward Kamau consented for the administrators to seek the services of surveyor to divide LR.8851-3, LR-8851-21 and LR 4630-35 as per the Grant from the High Court. The plaintiffs contend that the administrators signed a proposed subdivision scheme on 19th September 2023 which scheme was prepared by a physical planner. The scheme plan clearly indicated that the amalgamated land was to be subdivided into thirty-one (31) plots.
The 1st Defendant [Highland Surveyors Limited] were later instructed by the administrators to amalgamate and later subdivide the three certificates of the title being LR. 8851-3, LR. 8851-21 and LR 4630-The scope of work for the instructions entailed endorsing the Sub-division scheme Plan, the sub-division of three Certificate of Titles; Ground surveying, and obtaining approvals of the subdivision from the Nakuru County Government and obtaining Consents from the Land Control Board,and the preparation of 31 certificate of leases among other works.
The plaintiffs contend that contrary to the instructions issued by the administrators, the 1st Defendant used an unsigned and unsanctioned scheme plan to amalgamate and subdivide the three parcels of land.
The Plaintiffs aver that the approved sub-division scheme plan from the 1st Defendant which was shared on 26th November 2024 fundamentally differs from the signed amalgamation and subdivision plan that the four administrators signed on behalf of the beneficiaries of the estate.
The Plaintiffs further aver that a second un-signed and unauthorized scheme plan was prepared and signed by the 1st Defendant on the 17th of April 2024. This particular scheme plan was not signed by all the four estate administrators. However, it was still forwarded for approval to the County Government of Nakuru.
The plaintiffs contend that unauthorized amalgamation and subdivision application was certified by the County Physical Planning Officer on 6th May 2024 and approved by the Nakuru County Executive Committee Member in charge of Lands and Physical Planning on the same day. The plaintiffs aver that the amalgamation and subdivision application was filed with an un-signed scheme plan clearly in contravention with the confirmed grant.
Further, the Plaintiffs aver that the 1st Defendant failed to adhere to the industry practice as the 1st Defendant failed to present the survey data to the Director of Survey alongside the initially approved sub-division scheme plan.
The Plaintiffs aver that the usage of an un-signed scheme plan resulted in an amalgamation and irregular sub-division as the subdivided plots had altered land sizes which were significantly different to the initial land area sizes in the original scheme plan signed by all the administrators.
The Plaintiffs contend that vide a letter dated 3rd January 2025, from Hon. John Kihagi, the Nakuru County Executive Committee Member for Lands, Physical Planning, Housing and Urban Development, the 1st Defendant was notified that the submitted amalgamation and sub-division application had not been issued with a Certificate of Compliance.
The Plaintiffs contend that the said amalgamation and sub-division of the parcels LR. 8851-3, LR. 8851-21 and LR 4630-35 was unlawful due to the un-signed Scheme plans being used to amalgamate and sub-divide the land. The Plaintiffs contend that the issuance of Certificates of Titles for the subdivided plots should be halted as the Certificate of Compliance has not been issued by Nakuru County and that the due process was not followed.
The Plaintiffs contend that the amalgamation and sub-division of LR. 8851-3, LR. 8851-21 and LR 4630-35 in a flawed & un-procedural manner resulting into subdivision of 34 parcels as against the previously agreed 31 parcels.
The Plaintiffs are aware that the 2nd, 3rd and 4th Defendants are currently in the process of transferring the irregularly subdivided parcels without the Certificate of Compliance being issued by the County and which can invalidate the entire process due to the discrepancies in the application.
The Plaintiffs are apprehensive that if the 2nd, 3rd and 4th Defendants complete the transfer of the Certificates of Titles registered through the unsanctioned amalgamation and subdivision process, there is a likelihood of a multitude of land suits that shall arise noting that the beneficiaries shall contest the demarcations of their parcels.
The issuance of new Certificate of Titles arising from the amalgamation and sub-division of LR. 8851-3, LR. 8851-21 and LR 4630 will be prejudicial to the Plaintiffs herein, unless this Honourable Court intervenes. The Plaintiffs contends that the subdivision is null and void due to the 1st Defendant's failure to obtain a Certificate of Compliance and follow due process.
The Plaintiffs pray for judgement against the Defendants jointly and severally and seeks for the Court to order in form of a Declaration that the issuance of Certificates of Title resulting from the amalgamation and subdivision of LR. 8851-3, LR. 8851-21 and LR 4630-35 situated in Nakuru County, was null and void ab initio and ineffectual to confer any right, interest or title upon the 13 beneficiaries of the estate of the late George Karanu;
THAT an Order be issued allowing the 1st, 2nd and 3rd Plaintiffs to appoint their own professionals to rectify the Certificate of Titles issued as a result of the flawed amalgamation and sub-division of the suit property.
That an Order of Rectification be issued compelling the Registrar of Titles to rectify the registered Certificates of Title emanating from the amalgamation and subdivision of LR. 8851-3, LR. 8851-21 and LR 4630-35; and for the said Certificates of Title to be in accordance with the signed subdivision scheme. The confirmed Grant dated 4th of July, 2023 in the Succession Cause No. E002 of 2022-Estate of the late George Edward Karanu and to effect equal subdivision of property amongst the beneficiaries. The plaintiffs pray that an Order be issued compelling the Four Administrators to halt any transfer of Certificate of Titles to beneficiaries or third parties, until the certificate of titles are rectified to reflect the confirmed grant dated 4th of July 2023 in the succession cause no e002 of 2022 in the estate of the late George Edward Karanu. Moreover, that the certificates of titles be rectified in order for the process to be in accordance with the signed subdivision of property amongst beneficiaries.
The defendants have raised a preliminary objection that the suit is res sub-judice and pending before the High Court in succession matter no E002 of 2022. The defendants and the interested parties argue that the matters raised here are still pending in the succession cause.
I have considered the rival arguments and do find that it is not a good legal policy to have parallel proceedings in respect of the same subject matter before two different courts. It is a fact that Nakuru High Court Succession Cause E002 of 2022 is still active and therefore it will be imprudent to adjudicate this matter as this court will basically be ensuring that the beneficiaries enjoy their rights in accordance with the certificate of confirmation of grant. The parties must ensure that the deceased’s properties are transmitted to the beneficiaries who can now come to this court. This court is aware that the matter is set for mention on the 30th June 2025 for the filing of a report on transmission. There is no order revoking the grant. This matter is stayed pending the conclusion of High Court Succession cause no EOO2 of 2022. Interim orders herein are hereby vacated.
In the said Certificate of Grant, it was directed that properties known as of LR.8851-3, LR.8851-21 and LR 4630-35, which are extensive parcels of land forming over 800 acres would be distributed to the thirteen (13) beneficiaries of the estate upon the amalgamation and later subdivision of the extensive land into smaller parcels. The administrators and beneficiaries of the estate of the late George Edward Kamau consented for the administrators to seek the services of surveyor to divide LR.8851-3, LR-8851-21 and LR 4630-35 as per the Grant from the High Court. The plaintiffs contend that the administrators signed a proposed subdivision scheme on 19th September 2023 which scheme was prepared by a physical planner. The scheme plan clearly indicated that the amalgamated land was to be subdivided into thirty-one (31) plots.
The 1st Defendant [Highland Surveyors Limited] were later instructed by the administrators to amalgamate and later subdivide the three certificates of the title being LR. 8851-3, LR. 8851-21 and LR 4630-The scope of work for the instructions entailed endorsing the Sub-division scheme Plan, the sub-division of three Certificate of Titles; Ground surveying, and obtaining approvals of the subdivision from the Nakuru County Government and obtaining Consents from the Land Control Board,and the preparation of 31 certificate of leases among other works.
The plaintiffs contend that contrary to the instructions issued by the administrators, the 1st Defendant used an unsigned and unsanctioned scheme plan to amalgamate and subdivide the three parcels of land.
The Plaintiffs aver that the approved sub-division scheme plan from the 1st Defendant which was shared on 26th November 2024 fundamentally differs from the signed amalgamation and subdivision plan that the four administrators signed on behalf of the beneficiaries of the estate.
The Plaintiffs further aver that a second un-signed and unauthorized scheme plan was prepared and signed by the 1st Defendant on the 17th of April 2024. This particular scheme plan was not signed by all the four estate administrators. However, it was still forwarded for approval to the County Government of Nakuru.
The plaintiffs contend that unauthorized amalgamation and subdivision application was certified by the County Physical Planning Officer on 6th May 2024 and approved by the Nakuru County Executive Committee Member in charge of Lands and Physical Planning on the same day. The plaintiffs aver that the amalgamation and subdivision application was filed with an un-signed scheme plan clearly in contravention with the confirmed grant.
Further, the Plaintiffs aver that the 1st Defendant failed to adhere to the industry practice as the 1st Defendant failed to present the survey data to the Director of Survey alongside the initially approved sub-division scheme plan.
The Plaintiffs aver that the usage of an un-signed scheme plan resulted in an amalgamation and irregular sub-division as the subdivided plots had altered land sizes which were significantly different to the initial land area sizes in the original scheme plan signed by all the administrators.
The Plaintiffs contend that vide a letter dated 3rd January 2025, from Hon. John Kihagi, the Nakuru County Executive Committee Member for Lands, Physical Planning, Housing and Urban Development, the 1st Defendant was notified that the submitted amalgamation and sub-division application had not been issued with a Certificate of Compliance.
The Plaintiffs contend that the said amalgamation and sub-division of the parcels LR. 8851-3, LR. 8851-21 and LR 4630-35 was unlawful due to the un-signed Scheme plans being used to amalgamate and sub-divide the land. The Plaintiffs contend that the issuance of Certificates of Titles for the subdivided plots should be halted as the Certificate of Compliance has not been issued by Nakuru County and that the due process was not followed.
The Plaintiffs contend that the amalgamation and sub-division of LR. 8851-3, LR. 8851-21 and LR 4630-35 in a flawed & un-procedural manner resulting into subdivision of 34 parcels as against the previously agreed 31 parcels.
The Plaintiffs are aware that the 2nd, 3rd and 4th Defendants are currently in the process of transferring the irregularly subdivided parcels without the Certificate of Compliance being issued by the County and which can invalidate the entire process due to the discrepancies in the application.
The Plaintiffs are apprehensive that if the 2nd, 3rd and 4th Defendants complete the transfer of the Certificates of Titles registered through the unsanctioned amalgamation and subdivision process, there is a likelihood of a multitude of land suits that shall arise noting that the beneficiaries shall contest the demarcations of their parcels.
The issuance of new Certificate of Titles arising from the amalgamation and sub-division of LR. 8851-3, LR. 8851-21 and LR 4630 will be prejudicial to the Plaintiffs herein, unless this Honourable Court intervenes. The Plaintiffs contends that the subdivision is null and void due to the 1st Defendant's failure to obtain a Certificate of Compliance and follow due process.
The Plaintiffs pray for judgement against the Defendants jointly and severally and seeks for the Court to order in form of a Declaration that the issuance of Certificates of Title resulting from the amalgamation and subdivision of LR. 8851-3, LR. 8851-21 and LR 4630-35 situated in Nakuru County, was null and void ab initio and ineffectual to confer any right, interest or title upon the 13 beneficiaries of the estate of the late George Karanu;
THAT an Order be issued allowing the 1st, 2nd and 3rd Plaintiffs to appoint their own professionals to rectify the Certificate of Titles issued as a result of the flawed amalgamation and sub-division of the suit property.
That an Order of Rectification be issued compelling the Registrar of Titles to rectify the registered Certificates of Title emanating from the amalgamation and subdivision of LR. 8851-3, LR. 8851-21 and LR 4630-35; and for the said Certificates of Title to be in accordance with the signed subdivision scheme. The confirmed Grant dated 4th of July, 2023 in the Succession Cause No. E002 of 2022-Estate of the late George Edward Karanu and to effect equal subdivision of property amongst the beneficiaries. The plaintiffs pray that an Order be issued compelling the Four Administrators to halt any transfer of Certificate of Titles to beneficiaries or third parties, until the certificate of titles are rectified to reflect the confirmed grant dated 4th of July 2023 in the succession cause no e002 of 2022 in the estate of the late George Edward Karanu. Moreover, that the certificates of titles be rectified in order for the process to be in accordance with the signed subdivision of property amongst beneficiaries.
The defendants have raised a preliminary objection that the suit is res sub-judice and pending before the High Court in succession matter no E002 of 2022. The defendants and the interested parties argue that the matters raised here are still pending in the succession cause.
I have considered the rival arguments and do find that it is not a good legal policy to have parallel proceedings in respect of the same subject matter before two different courts. It is a fact that Nakuru High Court Succession Cause E002 of 2022 is still active and therefore it will be imprudent to adjudicate this matter as this court will basically be ensuring that the beneficiaries enjoy their rights in accordance with the certificate of confirmation of grant. The parties must ensure that the deceased’s properties are transmitted to the beneficiaries who can now come to this court. This court is aware that the matter is set for mention on the 30th June 2025 for the filing of a report on transmission. There is no order revoking the grant. This matter is stayed pending the conclusion of High Court Succession cause no EOO2 of 2022. Interim orders herein are hereby vacated.