[2018] KEHC 8813 (KLR)
The court determined that before making a final judgment on whether the disputed parcels, L.R. Ngobit/Subuko Block 5/86 and L.R. Abogeta/L. Kithangari/263, form part of the deceased's estate or were fraudulently transferred to the objector, it is necessary to investigate the history and registration of these...
Source-derived case information.
- Citation
- [2018] KEHC 8813 (KLR)
- Parties
- Applicant: Catherine Kaimuri Karimba; Respondent: Beatrice Mucece
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 508 of 2009
- Procedural Posture
- Succession Cause / Interlocutory Ruling on Objection to Confirmation of Grant
- Outcome
- Further inquiry ordered; no final determination on the objection at this stage.
- Legal Topics
- Succession of Estates, Confirmation of Grant, Fraudulent Land Transfer, Beneficiary Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Catherine Kaimuri Karimba
Applicant
Beatrice Mucece
Respondent
Procedural Posture
Succession Cause / Interlocutory Ruling on Objection to Confirmation of Grant
Legal Issues
- 1 Whether L.R. Ngobit/Subuko Block 5/86 and L.R. Abogeta/L. Kithangari/263 form part of the deceased's estate.
- 2 Whether the registration of the disputed parcels in the objector's name was fraudulent.
- 3 Whether the objector is entitled to retain the disputed parcels as her property.
Ratio Decidendi
The court determined that before making a final judgment on whether the disputed parcels, L.R. Ngobit/Subuko Block 5/86 and L.R. Abogeta/L. Kithangari/263, form part of the deceased's estate or were fraudulently transferred to the objector, it is necessary to investigate the history and registration of these parcels. The court noted the dates of registration in the objector's name occurred after the deceased's death, raising questions about the legitimacy of the transfers. The court directed that the status of the parcels be established from the appropriate land registrars before a final determination can be made regarding their inclusion in the estate and the alleged fraud.
Court Disposition
Further inquiry ordered; no final determination on the objection at this stage.
Orders
- Status of L.R. Ngobit/Subuko Block 5/86 and L.R. Abogeta/L. Kithangari/263 to be established from the appropriate land registrars.
- Matter to be mentioned on 19th February 2018 for further directions.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT KENYA AT MERU
SUCCESSION CAUSE NO. 508 OF 2009
IN THE MATTER OF THE ESTATE OF THE LATE EDWARD M M’ARIMBA M’INOTI alias ARIMBA INOTI alias M’ARIMBA M’INOTI - DECEASED
CATHERINE KAIMURI KARIMBA ....................PETITIONER
VS
BEATRICE MUCECE.............................................OBJECTOR
RULING
The deceased Edward and Arimba Inoti alias M’Arimba M’Inoti died on 7th January 1991 aged 60 years and was survived by 3 widows and 6 sons, 3 sons having died before him. He was also survived with/by 5 daughters.
According to information in form P&A5 the deceased had assets as follows:-
a. Kenya Commercial Bank Savings Account No. xxxxx
b. L.R. Abogeta/Lower Kiingne 5/4/63- measuring 0. 0149 acres
c. L.R No. Abogeta/Lower Kithangari/221 – 3. 28 Ha
d. L.R. No Abogeta/Lower Kithangari/199 – 0. 43 Ha
e. L.R. Abogeta/Mkachie/666 – 4. 05 Ha.
f. Shares with Meru Central Farmers Coop. Society – 6 shares
g. KCB – 100 shares
h. GEMA Holdings Ltd – 12 shares
i. Abogeta Farmers Co-op. Society Ltd – 23 shares
j. Meru Ranching Co-op. Society Ltd – 5 shares.
k. Plot NO. 15A – Kanyakine Market – County Council of Meru
l. Shares with South Imenti Development Ltd.
Catherine Kaimuri M’Inoti Petitioned for Letters of Administration which was made to her as 29th January 2014.
However, when application for confirmation dated 7th October 2014 was filed together with supporting affidavit of Catherine Kaimuri M’Inoti sworn on 7th October 204 and consents to confirmation and distribution, Beatrice Mucece, the objector herein also filed affidavit of proposed distribution filed on 20th December 2015.
She averred that L.R. No. Ngobit/Supoko Block 5/86 is registered in her name and does not form part and parcel of the deceased estate. The title deed for L.R. Ngobit/Supoko Block 5/86 was attached to objectors affidavit sworn on 26th August 2015 showing it was issued on 3rd day of March 2005 as the same day Objector was registered as proprietor.
Catherine Kaimuri in her affidavit in response to objectors objection sworn on 26th August 2015 said that the objector had also transferred parcel No. Abogeta/L. Kithangari/263 to herself and yet it belonged to the deceased. A certificate of search to that effect was attached.
According to Catherine Kaimuri, L.R. Ngobit/Subuko Block 5/86 was bought using shares in South Imenti Investiment Co. Ltd. The Petitioner also filed submissions in which counsel send that the objector fraudulently transferred parcel of land
No. Ngobit/Subukia – Block 5/86 and L. R. Abogeta/ L- Kithangari/ 263 to her name when the 2 parcels belonged to the deceased.
In consideration that the deceased died on 7th January 1991 and L.R. Ngobit/Subuko Block 5/86 was registered on 3rd March 2005 and L.R. Abogeta/L. Kithangari/263 was registered in the objectors name on 4th October 1995 it will be important to interrogate the history of the 2 parcels to establish whether they belonged to the deceased or not before coming up with a final judgement as to whether or not registration us the name of the objector was fraudulent or not in the circumstances DR to establish the status from appropriate land Registrars.
Mention 19. 2.2018.
Ruling Signed, Delivered and Dated 17th Dayof January 2018.
HON. A.ONG’INJO
JUDGE
In the presence of:
HON. A.ONG’INJO
JUDGE