In Estate of Mary Wambui Tumuri (Deceased) [2022] KEHC 12279 (KLR)

In Estate of Mary Wambui Tumuri (Deceased) (Succession Cause E672 of 2020) [2022] KEHC 12279 (KLR) (11 May 2022) (Ruling)

Neutral citation: [2022] KEHC 12279 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Succession Cause E672 of 2020

AO Muchelule, J

May 11, 2022

IN THE MATTER OF THE ESTATE OF MARY WAMBUI TUMURI (DECEASED)

Between

Titus Tumuri Wambui

Applicant

and

Nancy Njoki Wambui

Respondent

Ruling

1. The deceased Mary Wambui Tumuri died intestate on 12th March 2019. She was domiciled in Starehe in Nairobi. She left various parcels of land, several bank accounts and a motor vehicle. Her only beneficiaries are her two children Nancy Njoki Wambui (the respondent) and Titus Tumuri Wambui (the applicant). The two were on 14th March 2021 appointed the joint administrators of the estate of the deceased.

2. The applicant’s application dated 6th July 2021 relates to three properties that he says that they belonged to the deceased but had not indicated as such in the schedule that accompanied the petition for the ground of letters of administration. The respondent has conceded that she inadvertently omitted Plot No. Kiambu/Dandora/519 (survey number 966) from the list of properties that belonged to the deceased. As for Nairobi/Block 104/406, she stated that it was already included in the schedule. Indeed, this property is in the schedule. As for Kiambu/Dandora/519 (Survey number 966) I make an order that it will be included in the list of the properties that the deceased left.

3. The third property is IR No. 163642 (LR No. 13136/160). The applicant’s case is that this property was bought by the deceased during her lifetime, but transfer had not been effected. Subsequent to her death, the respondent had got it transferred into her name. The applicant sought the revocation of the transfer into the name of the respondent and that the same be included among the property of the deceased to be available for distribution to her beneficiaries. The respondent’s case was that she bought this property vide agreement dated 20th March 2020 for Kshs.2,250,000/= from M/s Hardrock Holding & Investment Company Ltd who then transferred it to her. She denied that this was the deceased’s property. She stated that the deceased had contracted to buy Villa No. 104 in Hardrock Park Villas but that she was yet to locate the contract document. The applicant’s further affidavit indicated that the respondent was the one in possession of the contract documents but that was not availing them.

4. So that this cause can be progressed, under section 47 of the Law of Succession Act and rule 73 of the Probate and Administration Rules, I direct that the applicant and the respondent, or any of them, should within 45 days proceed to file and serve the application to confirm the grant issued to them. The person(s) served should within 14 days respond to the application. The court will, during the hearing of the application for confirmation, determine whether IR No. 163642 (LR No. 13136/160) and Villa No. 104 in Hardrock Park Estate belonged to the deceased and, if so, how they should be distributed. In order to protect the two properties to await that determination, an inhibition order shall be registered against them.

5. To that extent, the application by the applicant is allowed. Costs shall be in the cause.

DATED AND DELIVERED ELECTRONICALLY IN NAIROBI THIS 11THDAY OF MAY 2022. A.O MUCHELULEJUDGE