Automated Summary
Key Facts
The case involves a dispute over the estate of Edward M'Arimba M'Inoti, who died on 7th January 1991. The petitioner, Catherine Kaimuri Karimba, was granted Letters of Administration on 29th January 2014. The objector, Beatrice Mucece, claims that two land parcels (L.R. Ngobit/Subuko Block 5/86 and Abogeta/L. Kithangari/263) are not part of the deceased's estate, alleging fraudulent transfers. The court is examining the registration dates of these parcels to determine ownership.
Deceased Name
Edward M M'ArIMBA M'INOTI
Issues
- The court must determine the ownership status of two parcels of land—L.R. Ngobit/Subuko Block 5/86 (registered to Beatrice Mucece in 2005) and L.R. Abogeta/L. Kithangari/263 (registered to her in 1995)—to assess if they formed part of the deceased’s estate. The petitioner alleges fraudulent transfers, arguing the lands were acquired using the deceased’s assets, while the objector claims they are her personal property. The court must evaluate the timeline (deceased died in 1991) and land registration records to resolve the dispute.
- The petitioner asserts that Beatrice Mucece fraudulently transferred two parcels of land—Abogeta/L. Kithangari/263 and Ngobit/Subuko Block 5/86—to her name, despite them belonging to the deceased. The objector disputes this, claiming the lands are hers by right. The court must examine the registration history and evidence to determine if the transfers were legitimate or fraudulent, particularly given the deceased’s death in 1991 and subsequent registrations in the objector’s name.
Date of Death
1991 January 07
Probate Status
Contested succession case over land ownership
Succession Regime
Common-Law Intestacy as per Kenyan Succession Act
Executor Name
Catherine Kaimuri Karimba
Executor Appointment
Appointed as Administrator via Letters of Administration granted on 29th January 2014.
Judge Name
A. Ong'injo
Passage Text
- Catherine Kaimuri in her affidavit in response to objectors objection sworn on 26th August 2015 said that the objector had also transferred parcel No. Abogeta/L. Kithangari/263 to herself and yet it belonged to the deceased. A certificate of search to that effect was attached.
- She averred that L.R. No. Ngobit/Supoko Block 5/86 is registered in her name and does not form part and parcel of the deceased estate. The title deed for L.R. Ngobit/Supoko Block 5/86 was attached to objectors affidavit sworn on 26th August 2015 showing it was issued on 3rd day of March 2005 as the same day Objector was registered as proprietor.
- In consideration that the deceased died on 7th January 1991 and L.R. Ngobit/Subuko Block 5/86 was registered on 3rd March 2005 and L.R. Abogeta/L. Kithangari/263 was registered in the objectors name on 4th October 1995 it will be important to interrogate the history of the 2 parcels to establish whether they belonged to the deceased or not before coming up with a final judgement as to whether or not registration us the name of the objector was fraudulent or not in the circumstances DR to establish the status from appropriate land Registrars.
Beneficiary Classes
- Child / Issue
- Spouse / Civil Partner