[2018] KEHC 7758 (KLR)
The court found that the defendant, Moses Joel Ndiema, transferred land parcel Malakisi/N&C Namwela/782 from the estate of the deceased Joel Wandiema without first obtaining letters of administration. Such a transfer is illegal and unlawful under the Law of Succession Act. The absence of any defense or pleadings...
Source-derived case information.
- Citation
- [2018] KEHC 7758 (KLR)
- Parties
- Plaintiff: Geoffrey Kones Ndiema; Defendant: Moses Joel Ndiema
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 6 of 2017
- Procedural Posture
- Land and Property Suit / Judgment
- Outcome
- Plaintiff's suit succeeds; transfer declared illegal and land to revert to deceased's name.
- Judges
- SN Mukunya
- Legal Topics
- Illegal Transfer of Land, Letters of Administration, Estate of Deceased, Title Reversion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Kones Ndiema
Plaintiff
Moses Joel Ndiema
Defendant
Procedural Posture
Land and Property Suit / Judgment
Legal Issues
- 1 Whether the defendant illegally transferred land parcel Malakisi/N&C Namwela/782 from the estate of the deceased Joel Wandiema without letters of administration.
- 2 Whether the transfer should be cancelled and the land reverted to the deceased's estate.
Ratio Decidendi
The court found that the defendant, Moses Joel Ndiema, transferred land parcel Malakisi/N&C Namwela/782 from the estate of the deceased Joel Wandiema without first obtaining letters of administration. Such a transfer is illegal and unlawful under the Law of Succession Act. The absence of any defense or pleadings from the defendant further supported the plaintiff's case. The court concluded that the transfer must be cancelled and the land reverted to the name of the deceased, Joel Wandiema, as only a duly appointed administrator can lawfully deal with the estate of a deceased person.
Court Disposition
Plaintiff's suit succeeds; transfer declared illegal and land to revert to deceased's name.
Orders
- The Land Registrar, Bungoma County, is ordered to retransfer land parcel Malakisi/N&C Namwela/782 to the name of the deceased Joel Wandiema forthwith.
- The plaintiff is awarded the costs of the suit.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUNGOMA
ELC. CASE NO. 6 OF 2017
GEOFFREY KONES NDIEMA................................................PLAINTIFF
VERSUS.
MOSES JOEL NDIEMA......................................................DEFENDANT
JUDGMENT.
[1]. The plaintiff in this case is the son of Joel Wandiema now deceased, who died on 14/4/2001. The deceased was the registered owner of Land Parcel Malakisi/N&C Namwela/872. The plaintiff attached to these proceedings a Death Certificate No. 333595 dated 2/4/2013 for Joel Wandiema who died on 14/4/2001. The plaintiff also attached the Certificate of Official Search of Title Malakisi/N. S&C Namwela/782 showing the same having been registered in the name of Moses Joel Ndiema on 18/3/2013 and a title deed issued to me. The plaintiff avers that no one has taken the letters of Administration of his fathers estate. That Inspite of that the defendant Moses Joel Ndiema illegally transferred the said Land into his name.
[2]. The plaintiff therefore filed this suit and requested that the said transfer be cancelled and that the land reverts back to the deceased Joel Wandiema. The suit was served on the defendant and a return of service was filed in court. The defendant has not filed any pleadings in this case. The plaintiff formerly proved its case in Court on 22/2/2018.
I am therefore convinced that the defendant illegally purported to transfer the land parcel land number LP No. Malakisi/N & C Namwela/782 that belonged to a deceased person one Joel Wandiema. That he did so without having the letters of administration on the estate of Joel Wandiema. The subsequent transfer was illegal and unlawful. I therefore order the land Registrar Bungoma County to retransfer the said land to the deceased Joel Wandiema. The same must be done forthwith.
The plaintiff’s plaint succeeds and he shall have the costs of this suit.
It is so ordered.
Judgment read in open Court in the presence of the Plaintiff.
Dated atBungoma this 28thday of February, 2018.
S. MUKUNYA
JUDGE
In the presence of:
Court Assistant Anthony
Plaintiff: Geoffrey