[2017] KEHC 985 (KLR)

[2017] KEHC 985 (KLR)

The court found that the sale and transfer of Plot No. 18A Mitunguu Market by the 1st respondent to the 2nd respondent occurred before confirmation of grant, in direct contravention of sections 55 and 82 of the Law of Succession Act. Such a transaction is void, illegal, and incapable of conferring title, regardless...

Source-derived case information.

Citation
[2017] KEHC 985 (KLR)
Parties
Applicant: Margaret Naana Mbae; Applicant: William Muriungi; Respondent: Silas Muthengi; Respondent: Eliud Gitonga Thuranira
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Succession Cause 547 of 2009
Procedural Posture
Succession Cause / Ruling on Interlocutory Application for Injunction and Cancellation of Title
Outcome
Application allowed. Injunction and cancellation of title granted. Costs to applicants.
Judges
F Gikonyo
Legal Topics
Succession Estate Administration, Intermeddling With Estate, Injunctions, Fraudulent Transfer of Land
Source Language
en
Land and Property Civil Procedure Succession Estate Administration Intermeddling With Estate Injunctions Fraudulent Transfer of Land

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Summary, issues, holding and outcome

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Parties

Margaret Naana Mbae

Applicant

William Muriungi

Applicant

Silas Muthengi

Respondent

Eliud Gitonga Thuranira

Respondent

Procedural Posture

Succession Cause / Ruling on Interlocutory Application for Injunction and Cancellation of Title

Legal Issues

  1. 1 Whether the sale and transfer of Plot No. 18A Mitunguu Market before confirmation of grant was unlawful and void.
  2. 2 Whether the 2nd Respondent can rely on the defence of innocent purchaser for value without notice.
  3. 3 Whether an injunction and cancellation of title can be granted in a succession cause to preserve estate property.

Ratio Decidendi

The court found that the sale and transfer of Plot No. 18A Mitunguu Market by the 1st respondent to the 2nd respondent occurred before confirmation of grant, in direct contravention of sections 55 and 82 of the Law of Succession Act. Such a transaction is void, illegal, and incapable of conferring title, regardless of subsequent court decrees or the status of the 1st respondent as administrator. The 2nd respondent, being aware that the property was registered in the name of the deceased and that succession proceedings were required, could not claim the defence of innocent purchaser for value without notice. The court further held that it has jurisdiction to issue injunctions and orders...

Court Disposition

Application allowed. Injunction and cancellation of title granted. Costs to applicants.

Orders

  • An injunction restraining the respondents and their agents from disposing of, selling, transferring, or otherwise dealing with Plot No. 18A Maitunguu Market pending determination of the cause.
  • Cancellation of title to Plot No. 18A Mitunguu if it stands in the name of the 2nd respondent; ownership to revert to the deceased for distribution of the estate.