[1999] KEHC 165 (KLR)

[1999] KEHC 165 (KLR)

The court found that although land title No. Ndumberi/Tinganga/339 and plot No. Ndumberi/Tinganga/T.248 were registered in Susan Wairimu Gicheru's name, the evidence demonstrated that the deceased acquired and controlled the properties during his lifetime, with both wives contributing to their development. The deceased did not allocate exclusive use or ownership to either wife, and the properties were used for the benefit of the entire family. The presumption of advancement was rebutted by the circumstances, including the existence of two wives and the deceased's continued control over the properties. The court held that Susan held the properties in trust for the deceased, and thus, the...

Citation
[1999] KEHC 165 (KLR)
Parties
Applicant: Susan Wairimu Gicheru; Respondent: Karen Wambui
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
24 March 1999
Case Number
? 376 of 1983
Procedural Posture
Probate and Administration Cause / Ruling on Distribution of Disputed Assets in Deceased's Estate
Outcome
Susan's claim to exclusive ownership of the disputed properties is dismissed. The disputed properties are to be shared equally between the two houses. Costs to be paid from the estate. Leave to appeal granted to Susan.
Legal Topics
Customary Succession, Matrimonial Property, Trusts in Land, Distribution of Estate
Source Language
English
Family and Children Land and Property Customary Succession Matrimonial Property Trusts in Land Distribution of Estate

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Parties

Susan Wairimu Gicheru

Applicant

Karen Wambui

Respondent

Procedural Posture

Probate and Administration Cause / Ruling on Distribution of Disputed Assets in Deceased's Estate

Legal Issues

  1. 1 Whether land title No. Ndumberi/Tinganga/339 and plot No. Ndumberi/Tinganga/T.248, registered in the name of Susan Wairimu Gicheru, form part of the deceased's estate and should be shared equally between the two houses.
  2. 2 Whether the presumption of advancement (gift) applies to the properties registered in Susan's name or if she held them in trust for the deceased.
  3. 3 Whether Karen Wambui is accountable for 50 cows and one bull allegedly missing from the estate.

Ratio Decidendi

The court found that although land title No. Ndumberi/Tinganga/339 and plot No. Ndumberi/Tinganga/T.248 were registered in Susan Wairimu Gicheru's name, the evidence demonstrated that the deceased acquired and controlled the properties during his lifetime, with both wives contributing to their development. The deceased did not allocate exclusive use or ownership to either wife, and the properties were used for the benefit of the entire family. The presumption of advancement was rebutted by the circumstances, including the existence of two wives and the deceased's continued control over the properties. The court held that Susan held the properties in trust for the deceased, and thus, the...

Court Disposition

Susan's claim to exclusive ownership of the disputed properties is dismissed. The disputed properties are to be shared equally between the two houses. Costs to be paid from the estate. Leave to appeal granted to Susan.

Orders

  • Land title No. Ndumberi/Tinganga/339 and plot No. Ndumberi/Tinganga/T.248 are declared part of the deceased's estate.
  • The two properties are to be shared equally by the two houses (Susan's and Karen's).