[2024] KEHC 13176 (KLR)
The court found that the Full Gospel Churches of Kenya Kabete had established their status as a creditor, having purchased the land from the deceased and made substantial payments, with only a small balance outstanding. The administrators and beneficiaries were aware of the transaction, and there was no rebuttal to...
Source-derived case information.
- Citation
- [2024] KEHC 13176 (KLR)
- Parties
- Applicant: Isaiah Mwaura Ndoho; Applicant: Emily Wambui Ndoho; Respondent: Full Gospel Churches of Kenya Kabete
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E890 of 2023
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant and Objection by Creditor
- Outcome
- Application for confirmation of grant allowed; land parcel Kabete/Nyathuna/102 to be transmitted to Full Gospel Churches of Kenya Kabete upon payment of Kshs. 40,000 to the administrators.
- Judges
- HK Chemitei
- Legal Topics
- Confirmation of Grant, Creditor Claims, Sale of Land, Transmission of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaiah Mwaura Ndoho
Applicant
Emily Wambui Ndoho
Applicant
Full Gospel Churches of Kenya Kabete
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Objection by Creditor
Legal Issues
- 1 Whether the grant of letters of administration should be confirmed in light of the objection by a creditor claiming an interest in estate property.
- 2 Whether the Full Gospel Churches of Kenya Kabete is entitled to transmission of land parcel Kabete/Nyathuna/102 as a purchaser from the deceased.
Ratio Decidendi
The court found that the Full Gospel Churches of Kenya Kabete had established their status as a creditor, having purchased the land from the deceased and made substantial payments, with only a small balance outstanding. The administrators and beneficiaries were aware of the transaction, and there was no rebuttal to the church's evidence. The court held that the church was entitled to transmission of the land parcel upon payment of the remaining balance to the estate. Consequently, the grant was confirmed with the direction that the property be transmitted to the church, and the outstanding balance paid to the administrators.
Court Disposition
Application for confirmation of grant allowed; land parcel Kabete/Nyathuna/102 to be transmitted to Full Gospel Churches of Kenya Kabete upon payment of Kshs. 40,000 to the administrators.
Orders
- The application dated 20th March 2024 is allowed as prayed.
- Land parcel number Kabete/Nyathuna/102 shall be transmitted to the Full Gospel Churches of Kenya Kabete Local branch upon payment of Kshs. 40,000 to the administrators of the estate.
Full Case Text
Judgment text and source record
25 paragraphs
In re Estate of the Late Joel Ndoho Mwaura (Deceased) (Succession Cause E890 of 2023) [2024] KEHC 13176 (KLR) (Family) (31 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13176 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause E890 of 2023
HK Chemitei, J
October 31, 2024
SUCCESSION CAUSE NO. E890 OF 2023
IN THE MATTER OF THE ESTATE OF THE LATE JOEL NDOHO MWAURA (DECEASED)
Ruling
1. The application dated 20th March 2024 prays for orders that the grant of letters of administration issued to Isaiah Mwaura Ndoho and Emily Wambui Ndoho on 13th September 2023 be confirmed.
2. The application is supported by their joined affidavit sworn on the same date which also contains the consent by the rest of the beneficiaries except Isaiah Mwaura Ndoho. As a mater of fact, the said Isaiah Mwaura Ndoho has not signed the affidavit in support.
3. When the matter came up for hearing there was an opposition from the Full Gospel Churches of Kenya Kabete stating that they had purchased land parcel number Kabete/Nyathuna/102 from the deceased. The court directed the said church to file the relevant response by way of affidavit.
4. One Rev. G Hinga Mwaura on behalf of the church swore an affidavit dated 2nd July 2024 in which it gave chronological evidence of how the deceased sold the aforementioned parcel of land to the church at a total purchase consideration of Kshs. 700,000/= on 29th July 1999. On the said date the church made a down payment of Kshs. 300,000/=.
5. On 12. 1.2000 they paid Kshs.100,000/= to the deceased and further Kshs.100,000/= on 3. 8.2000.
6. After the deceased had died, he went on, they made a payment of Kshs. 75,000/= to the widow one Elizabeth Nyambura. They made further payments of Kshs. 75,000/= to the deceased children where they also surrendered to them the original title deed.
7. He deponed also that they agreed that the balance of Kshs 40,000 will be paid upon transfer being effected.
8. It was thus not true that they did not have a claim over the property and that the opposition by one of the beneficiaries was wrong as the rest of the family members were well aware of their parents transaction with the church.
9. There was no response to the said affidavit and consequently the court takes it that the parties including the said Isaiah were fully aware that the church was an interested party in the estate.
10. This court is satisfied that indeed the church was a creditor having purchased the land from the original owner who partially received the purchase consideration and the balance later paid to the widow who unfortunately passed on as well leaving the children who continued receiving the balance save for Kshs. 40,000/= which remained and awaited a formal transfer.
11. In the premises the court has no option but to declare that land parcel number Kabete/Nyathuna/102 be transmitted to the Full Gospel Churches of Kenya Kabete Local branch who shall pay the balance of Kshs. 40,000/= to the administrators of the estate herein upon transmission.
12. The application dated 20th March 2024 is allowed as prayed with the above parcel being transmitted to the church.
13. Costs shall be in the cause.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 31STDAY OF OCTOBER 2024. H K CHEMITEIJUDGE