[2020] KEHC 6734 (KLR)

[2020] KEHC 6734 (KLR)

The court found that the protestor, as a co-wife of the deceased and joint registered proprietor of the two parcels of land with the deceased, has a legally protected interest in both parcels. The Iveti Land Adjudication Committee's decision, which was never appealed, directed that both parcels be registered in the...

Source-derived case information.

Citation
[2020] KEHC 6734 (KLR)
Parties
Applicant: Nthike Mulwa alias Muthike Mulwa Nzeki; Respondent: John Muteti Mulwa; Respondent: Esther Nduku Mulwa
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Case Number
Succession Cause 219 of 2011
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Protest
Outcome
Protest allowed; grant confirmed; estate to be distributed equally between protestor and petitioners.
Judges
BC Koech
Legal Topics
Succession of Estates, Co Ownership of Land, Tenancy in Common, Distribution of Estate, Probate and Administration, Customary Law Marriage
Source Language
en
Family and Children Land and Property Succession of Estates Co Ownership of Land Tenancy in Common Distribution of Estate Probate and Administration Customary Law Marriage

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Parties

Nthike Mulwa alias Muthike Mulwa Nzeki

Applicant

John Muteti Mulwa

Respondent

Esther Nduku Mulwa

Respondent

Procedural Posture

Succession Cause / Ruling on Confirmation of Grant and Protest

Legal Issues

  1. 1 Whether the protestor has established her interest in the two parcels of land reference numbers Iveti/Iveti/566 and 559.
  2. 2 How should the estate of the deceased be distributed?

Ratio Decidendi

The court found that the protestor, as a co-wife of the deceased and joint registered proprietor of the two parcels of land with the deceased, has a legally protected interest in both parcels. The Iveti Land Adjudication Committee's decision, which was never appealed, directed that both parcels be registered in the names of the protestor and the deceased as tenants in common, conferring equal shares. The petitioners' claim that one parcel was solely their mother's property was not substantiated before the adjudication committee and is therefore rejected. The registration of the protestor as a co-owner was not merely for security but conferred substantive rights. The court held that the...

Court Disposition

Protest allowed; grant confirmed; estate to be distributed equally between protestor and petitioners.

Orders

  • The grant of letters of administration intestate made to John Muteti Mulwa and Esther Nduku Mulwa on 20/12/2011 is confirmed.
  • Land parcel IVETI/IVETI/566: 1.88 Ha to be registered in the name of Muthike Mulwa Nzeki; 1.88 Ha to be registered in the names of John Muteti Mulwa and Esther Nduku Mulwa to hold in trust for themselves and other children of the deceased.