[2014] KEHC 5894 (KLR)
The court found that the sale of the suit land by Michael Muriithi Mbugua, a beneficiary who had not yet obtained letters of administration at the time of the agreement, was not valid. The estate of the deceased had not been distributed, and there were multiple beneficiaries whose interests needed protection. The...
Source-derived case information.
- Citation
- [2014] KEHC 5894 (KLR)
- Parties
- Plaintiff: Arthur Ngugi Mbugua; Plaintiff: Sampson Kimani Mbugua; Plaintiff: Michael Muriithi Mbugua; Defendant: Sad Jadi Kongo; Defendant: Esha Harun Kingunge
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Case 165 of 2013
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application for Protection of Suit Land Pending Hearing and Determination of Suit and Succession Cause
- Outcome
- application allowed
- Judges
- SN Mukunya
- Legal Topics
- Succession of Estates, Interlocutory Injunctions, Sale of Land, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Arthur Ngugi Mbugua
Plaintiff
Sampson Kimani Mbugua
Plaintiff
Michael Muriithi Mbugua
Plaintiff
Sad Jadi Kongo
Defendant
Esha Harun Kingunge
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Application for Protection of Suit Land Pending Hearing and Determination of Suit and Succession Cause
Legal Issues
- 1 Whether the sale of the suit land by a beneficiary without letters of administration is valid.
- 2 Whether the suit land should be protected pending the hearing of the suit and finalization of the succession cause.
- 3 Whether the purchasers should be joined as parties to the succession cause.
Ratio Decidendi
The court found that the sale of the suit land by Michael Muriithi Mbugua, a beneficiary who had not yet obtained letters of administration at the time of the agreement, was not valid. The estate of the deceased had not been distributed, and there were multiple beneficiaries whose interests needed protection. The respondents, as purchasers, had not been joined as parties to the succession cause, and the court could not determine at this stage who would inherit the suit land. Given these circumstances, the court held that it was necessary to protect the suit land by granting the orders sought by the applicants, pending the hearing and determination of both the suit and the succession...
Court Disposition
application allowed
Orders
- The suit land is to be protected until the hearing and determination of the suit and the succession cause.
- Costs awarded to the applicant.
Full Case Text
Judgment text and source record
25 paragraphs
COPY
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CIVIL CASE NO. 165 OF 2013
1. ARTHUR NGUGI MBUGUA
2. SAMPSON KIMANI MBUGUA
3. MICHAEL MURIITHI MBUGUA .......................... PLAINTIFFS
- VERSUS-
1. SAD JADI KONGO
2. ESHA HARUN KINGUNGE ....................................... DEFENDANTS
RULING
[1] The suit land Title Number MSA/M/S/1/1537 is registered in the name of Jotham Mbugua Mwenja. Mr. Mwenja died in the year 2005. The letters of administration of his estate were granted to Samson Kimani Mbugua, Michael Muriithi Mbugua and Arthur Ngugi Mbugua on 26th day of April, 2013. This was vide Nairobi Succession Cause No. 2304 of 2012.
Michael Muriithi Mbugua the third plaintiff herein entered into agreement for sale to sell the same to Said Jadi Kongo and Esha Harun Kingunge the respondents herein.
On 21st December 2009. He apparently received Kshs. 850,000 for the same. Michael Muriithi Mbugua is a son of the deceased Jotham Mbugua Mwenja.
[2] It is quite clear from the agreement for sale aforesaid that the purchasers knew the vendor was not the owner and that
he would take out letter of administration of the estate and after confirmation of the grant, he would sign probate forms RL 7 and RL 9 in favour of the respondents.
[3] This land was sold by a would be beneficiary who had no letters of administration of the deceased's estate. The deceased herein had 22 living beneficiaries. The succession court has not as yet distributed the estate. It cannot be established as yet, as to to who shall inherit the suit land. The respondent herein as far as I have known have not been joined as parties to the succession cause as purchasers. Why they have not applied to be joined is difficult for me to fathom. The peculiar circumstances of this suit reveal that the suit land ought to be protected until this suit is heard and until the succession cause is finalized and distribution done. All the other issues raised by the respondents are not for consideration at this stage. They shall be dealt with during the hearing of the suit. This application therefore succeeds. I allow it as prayed. Costs to the applicant.
Dated and delivered in open court at Mombasa this 27th day of March, 2014.
S. MUKUNYA
JUDGE
27. 3.2014
In the presence of :
Mr. Wachira Kingangai Advocate for plaintiffs
Mr. Wafula Advocate holding brief for Madzayo Mrima Advocates for defendants