[2021] KEHC 5920 (KLR)
The court determined that the dispute regarding L.R NO. DAGORETTI/KANGEMI TOWNSHIP/451, specifically the validity and enforcement of the sale agreement between the deceased and Strumech Engineering & Construction Limited, falls outside the jurisdiction of the succession court. The issues raised pertain to land law...
Source-derived case information.
- Citation
- [2021] KEHC 5920 (KLR)
- Parties
- Applicant: Caroline Wanjiku Njuguna; Applicant: James Lewis Njogu; Respondent: Strumech Engineering & Construction Limited; Respondent: Josephine Wanja Mwarangu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1320 of 2017
- Procedural Posture
- Succession Cause / Ruling on Objection to Confirmation of Grant and Distribution of Asset
- Outcome
- Property in dispute removed from schedule of assets; parties directed to seek resolution in appropriate court; succession proceedings to continue for other assets.
- Judges
- A Ali-Aroni
- Legal Topics
- Intestate Succession, Confirmation of Grant, Objection to Distribution, Sale of Estate Property, Jurisdiction, Removal of Asset From Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caroline Wanjiku Njuguna
Applicant
James Lewis Njogu
Applicant
Strumech Engineering & Construction Limited
Respondent
Josephine Wanja Mwarangu
Respondent
Procedural Posture
Succession Cause / Ruling on Objection to Confirmation of Grant and Distribution of Asset
Legal Issues
- 1 Whether the objector was in breach of the agreement between her and the deceased.
- 2 What sums were advanced to the deceased and whether they form part of the purchase price.
- 3 Whether the property should be sold at the prevailing market value.
Ratio Decidendi
The court determined that the dispute regarding L.R NO. DAGORETTI/KANGEMI TOWNSHIP/451, specifically the validity and enforcement of the sale agreement between the deceased and Strumech Engineering & Construction Limited, falls outside the jurisdiction of the succession court. The issues raised pertain to land law and contractual obligations, which must be adjudicated by a court competent to handle land disputes. Consequently, the property is to be removed from the schedule of assets for distribution in the succession cause until the dispute is resolved in the appropriate forum. The succession proceedings may continue with the remaining assets, and parties are directed to seek resolution...
Court Disposition
Property in dispute removed from schedule of assets; parties directed to seek resolution in appropriate court; succession proceedings to continue for other assets.
Orders
- Property No. DAGORETTI/KANGEMI TOWNSHIP/451 is removed from the schedule of assets for distribution until the dispute is resolved.
- The objector is directed to refer the issue of the said property to the appropriate court within 60 days.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 1320 OF 2017
IN THE MATTER OF THE ESTATE OF PRISCILLA NYAMBURA KARINA (DECEASED)
RULING
1. The deceased herein Priscilla Nyambura Karina died intestate on the 26th of January 2015.
2. At the initial stage of the application for grant of letters of administration her children failed to agree on appointment of administrator, the matter went for mediation without success. However, the parties were later to agree and on the 20th of May 2019 a grant of letters of administration was issued to Caroline Wanjiku Njuguna and James Lewis Njogu.
3. On the 3rd of December 2015 the administrators moved the court for confirmation of the grant. With the consent of other beneficiaries, the mode of distribution was proposed. Item C in the schedule of assets relates to L.R NO. DAGORETTI/KANGEMI TOWNSHIP/451. The said property has attracted an objection from Strumech Engineering & Construction Limited through one of its directors Josephine Wanja Mwarangu to safeguard the company’s interest based on a sale agreement between the company and the deceased.
4. It is not in dispute that on the 24th of November 2014 the deceased entered into a sale agreement with Strumech Engineering & Construction Limited for the purchase of the land in question for the sum of Kshs.16,000,000/- and a deposit of 10% being Kshs.1,600,000/- was paid to the deceased.
5. The objector is a director of Strumech Engineering & Construction Limited and it is her case that she paid a 10% deposit and advanced further sums to the deceased and/or her agents; in total she made an advance payment of Kshs.5,000,000/- and as such she ought to be allowed by the estate to complete the transaction with the terms and conditions in the sale agreement.
6. On the other hand, the administrators distance themselves from the Kshs.4,000,000/- said to have been advanced at different times to the deceased or her agents, further it is their case that the objector breached the terms of the agreement and therefore the property ought to be sold at the prevailing market value.
7. Having considered the pleadings and the submissions, the issues for consideration are:
a) Whether the objector was in breach of the agreement between her and the deceased?
b) What are the sums that were advanced to the deceased and do the same form part of the purchase price?
c) Should the property be sold at the prevailing market value?
8. The jurisdiction of this court is limited to matters pertaining to succession the above questions raised in the pleadings do not belong to a succession court and ought to be taken to the court with jurisdiction to handle land matters.
9. Therefore, in the interest of justice, I will direct that property No. DAGORETTI/KANGEMI TOWNSHIP/451 be removed from the schedule of assets for distribution until such a time that the issues between Strumech Engineering & Construction Limited and the estate will have been determined.
10. And so as not to delay the pending issues any longer the Objector is directed to refer the issue of the said property to the right court within the next 60 days of the date hereof.
11. The application for confirmation may be listed for hearing with the appropriate adjustment as directed in paragraph 9 above.
12. Each party to bear its own costs.
DELIVERED AND SIGNED AT NAIROBI THIS 10TH DAY OF JUNE, 2021.
……………….………………
ALI ARONI
JUDGE