[2018] KEHC 6892 (KLR)
The court found that the claim over 1 acre of the 9 acres allegedly purchased by the protestor's deceased husband was disputed and required determination by the Environment and Land Court. The court therefore ordered that the undisputed 8 acres be transmitted to the protestor to hold in trust for herself and the...
Source-derived case information.
- Citation
- [2018] KEHC 6892 (KLR)
- Parties
- Applicant: Philisina Igoki Johason; Respondent: Samson Kimathi Machuguma; Respondent: Sarah Mutuerandu; Respondent: Eunice Kabiti Zecharia
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 269 of 2003
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant and Protest
- Outcome
- Partial confirmation of grant; protest allowed in part; disputed portion referred to Environment and Land Court.
- Legal Topics
- Succession of Estates, Confirmation of Grant, Land Sale Disputes, Trusts Inheritance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philisina Igoki Johason
Applicant
Samson Kimathi Machuguma
Respondent
Sarah Mutuerandu
Respondent
Eunice Kabiti Zecharia
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Protest
Legal Issues
- 1 Whether the protestor is entitled to 9 acres of land allegedly purchased by her deceased husband from the estate of the deceased.
- 2 Whether 1 acre out of the 9 acres should be transmitted to the protestor or held in trust pending determination of ownership.
- 3 How the remainder of the estate should be distributed among the beneficiaries.
Ratio Decidendi
The court found that the claim over 1 acre of the 9 acres allegedly purchased by the protestor's deceased husband was disputed and required determination by the Environment and Land Court. The court therefore ordered that the undisputed 8 acres be transmitted to the protestor to hold in trust for herself and the beneficiaries of her deceased husband, while the remaining 1 acre be held in trust by the administratrix pending resolution of ownership in the appropriate forum. The rest of the estate was to be distributed as per the supporting affidavit of the administratrix. No orders as to costs were made.
Court Disposition
Partial confirmation of grant; protest allowed in part; disputed portion referred to Environment and Land Court.
Orders
- 8 acres of L.R. No. 2362 to be transmitted to the protestor to hold in trust for herself and the beneficiaries of her deceased husband.
- 1 acre of L.R. No. 2362 to be held in trust by the administratrix pending determination of ownership between the protestor's husband and Robert Mucunku Manene in the Environment and Land Court.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 269 OF 2003
IN THE MATTER OF THE ESTATE OF JASON MUTUERANDU KIARIE
(DECEASED)
PHILISINA IGOKI JOHASON...................................PETITIONER
VS
SAMSON KIMATHI MACHUGUMA...........................OBJECTOR
SARAH MUTUERANDU................................................OBJECTOR
AND
EUNICE KABITI ZECHARIA....................................PROTESTOR
RULING
Grant of Letters of Administration to the estate of the late Jason Mutuerandu Kiarie was made on 14th October 2014 to Philisina Igoki Johnson. By summons for confirmation dated 27th September 2017 the said Administratrix sought to have grant confirmed after obtaining consent of beneficiaries to confirmation and distribution.
The estate was made up of 4 parcels of land namely Abogeta/U-Kiongare/2362, 2363, 2364 and 2365. The estate was shared out as per paragraph 5 of the supporting affidavit. The only dispute that arose was in regard to claim by Protester Eunice Kabiti Zacharia whose deceased husband is said to have purchased 9 acres of land from the deceased. She said that her husband bought 9 acres of land from L.R. Abogeta/Upper Kuengane/213 which was subsequently subdivided and her husband’s portion given L.R. No. 2362 measuring approximately 9 acres. The Administrator and the other beneficiaries were however of the view that the deceased sold 8 acres of land to protesters husband whereas one acre was sold to one Robert Mucunku Manene.
I have considered the protest and find that claim of the of the one acre out of 9 acres allegedly bought by the protesters deceased husband and/or one Robert Mucunku Manene will require more interrogation in the Environment and Land Court to establish ownership. In the meantime this court will make an order on the undisputed 8 acres to be transmitted to the protester to hold in trust for herself and the children/beneficiaries/dependants of her deceased husband to share as shall be determined in the succession cause filed in respect of his estate.
The remainder 1 acre shall be held in trust by the Administratrix to await determination as to ownership between the protesters husband and Robert Mucunku Manene in the right forum – E&L court.
The rest of the estate shall be distributed as per paragraph 5 of the supporting affidavit of Philisina Igoki Johnson the Administratrix herein. No orders as to costs.
HON. A.ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 17TH DAY OF MAY 2018.
HON. A.ONG’INJO
JUDGE
In Presence of:-
Petitioner:Present in person. M/S Kimathi Kiara Advocate for petitioners – No appearance
Objector: -Sarah – 2nd Objector – Present in person
Mrs Mutua Advocate for protester
Protester –present in person
Mrs Mutua
I request for a mention date to see if we can negotiate over the one acre of land.
Order
Mention 17. 9.2018 to confirm settlement in regard to the disputed one acre.
HON. A.ONG’INJO
JUDGE