Case ID:185221

In re Estate of Geoffrey Ngigi Ng’ang’a (Deceased) [2021] eKLR

Case Metadata

Case Number:

Succession Cause 1596 of 2015

Parties:

In re Estate of Geoffrey Ngigi Ng’ang’a (Deceased)

Date Delivered:

22 Oct 2021

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Maureen Akinyi Odero

Citation:

In re Estate of Geoffrey Ngigi Ng’ang’a (Deceased) [2021] eKLR

Court Division:

Family

County:

Nairobi

Case Outcome:

Application dismissed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

FAMILY DIVISION

SUCCESSION CAUSE NO. 1596 OF 2015

IN THE MATTER OF THE ESTATE OF GEOFFREY NGIGI NG’ANG’A (DECEASED)

WINNIE WAHU NGANGA..........APPLICANT

VERSUS

IRENE WAMBUI NGIGI........RESPONDENT

RULING

1. Before this Court is summons dated

29

th

April 2021

which summons was amended on

15

th

June 2021

by which the Applicant

WINNIE WAHU NGANGA

seek the following orders: -

“(a)

SPENT

(b)

SPENT

(c )

THAT

the Respondent be and is hereby restrained by herself her employees servants or agents from collecting rent from the property known as

BLOCK A KISERIAN PLOT NO 83 B.

(d)

THAT the Respondent be and is hereby restrained by herself, her employees, servants or agents from humiliating, intimidating, harassing and threatening the tenants residing in the property known as BLOCK KISERIAN PLOT NO. 83B.

(e )

THAT the Respondent be and is hereby restrained by herself, her employees, servants or agents from humiliating, intimidating, harassing and threatening the Applicant, her employees, servants or agents in the course of managing and collecting rent from the tenants residing in the property known as BLOCK A KISERIAN PLOT NO. 83B.

(f)

THAT the Respondent be and is hereby restrained by herself, her employees, servants or agents from interfering with the ownership, possession and control of the property known as BLOCK A KISERIAN PLOT NO. 84B.

(g)

THAT the Respondent be and is hereby ordered to pay the Applicant all the monies received by her from December 2020 to date being rent collected by the Respondent from the property, BLOCK A KISERIAN PLOT NO. 83B.

(h)

THAT the officer Commanding Kiserian Police Station to enforce and assist in the compliance of the order.

(i)

Any other order which the Honourable court may deem fit to grant.

(j)

Costs of the Application be provided for.

2. The summons was premised upon

Section 47

of the

Law of Succession Act, Cap 160, Laws of Kenya Rules 49

of the

Probate & Administration Rules

and all enabling provision of the law and was supported by the Affidavit dated

29

th

April 2021

, sworn by

PETER NGANGA

one of the Administrators of the estate.

3. The Respondent

IRENE WAMBUI NGIGI

through her advocates

Messrs KARANJA & GISORE ADVOCATES

filed an Affidavit dated

21

st

May 2021

in opposition to the Application. The summons was canvassed by way of written submissions. The Applicants filed their written submissions dated

24

th

June 2021

whilst the Respondent relied on her written submissions

dated 21

st

June 2021.

BACKGROUND

4. This Succession Cause was filed in relation to the estate of

GEOFFREY

NGIGI NGANGA

(hereinafter ‘the Deceased’) who passed away intestate on

3

rd

April 2015

. The Deceased who was polygamous and had two wives was survived by the following –

1

st

House

Peter Nganga - son

James Mungai Ngigi - son

Stephen Mbugua Ngigi – son

Winnie Wahu Nganga – Daughter

2

nd

House

Irene Wambui Ngige – 2

nd

Wife

Peter Nganga Ngige – son

Charity Wanja Ngigi – Daughter

Winfred Wahu Ngigi – Daughter

Alicia Wambui Ngigi – Daughter

5. In the petition filed on

21

st

June 2015

seeking Grant of letters of Administration Intestate the inventory of the Deceased assets was given as follows –

“(a) Title No. Ngong/Ngong 45588

(b) LR No 4480/210 Ngong Town

(c ) LR No 4480/194 Ngong Town

(d) LR No. 305/101 B

(e ) Title No. Kajiado-Olchoro-Onyore 13999

(f) Motor vehicle Registration No KBJ 457R

(g) Motor vehicle Registration No. KBV 065X

(h) Motor vehicle Registration No. KAR 520K

(I) Account with Equity Bank Limited, Ngong Branch.

(j) Kiserian/Kiserian Plot 83B

”

6. On

25

th

September 2019

letters of Administration Intestate were issued to

PETER NGANGA, JAMES MUNGAI NGIGI, IRENE WAMBUI NGIGI

and

PETER NGANGA

as joint Administrators of the estate. On

25

th

November 2020

the letters of Administration were fully confirmed. The certificate confirmed grant indicated that the estate of the Deceased would be distributed as follows: -

Name

Description of Properties

Share of Heirs

Irene Wambui Ngigi

Block B Kiserian Plot No. 83B

Whole

James Mungai Ngige

LR No. 3429

LR No. 4480/194

Whole

Stephen Mbugua Ngigi

LR No. 4581

LR NO. 14140

Whole

Winnie Wahu Nganga

Block A Kiserian Plot No 83B

Lorry Registration No. KBJ 457J

Ngong/Ngong/45588

Whole

Peter Nganga

Title No. IR No 395 (LR No. 4480/210)

Whole

Alicia Wambui Ngigi

Winfred Wahu Ngigi

Charity Wanja Ngigi

Olochoronyore (3 acres)

Equally

Alicia Wambui Ngigi

Motor Vehicle Reg. No. KBV 856D

Whole

Winfred Wahu Ngigi

Motor Vehicle RAV4 Reg. No. KAR 520K

Whole

Charity Wanja Ngigi

Peter Nganga Ngige

Equity Bank Fund

Equally

Peter Nganga Ngige

Kiserian Posho Mill

Whole

7. The Applicants case is that notwithstanding the fact that she was allocated

BLOCK A KISERIAN PLOT NO. 83B

(hereinafter referred to as ‘

BLOCK A

’), and the Respondent was allocated

BLOCK B KISERIAN PLOT NO 83B

(hereafter referred to as

BLOCK B

) her attempt to take control of

Block A

has been rebuffed by the Respondent who has used force coercion, intimidation and violence in order to remain in control of the entire property. That the Respondent has all along been collecting rent from

Block A

which was allocated to the Applicant to the tune of roughly

Kshs 150,000

monthly.

8. The Applicant alleges that the Respondent has threatened and intimidated the tenants in

Block A

to pay the rent to her thereby causing loss to the Applicant. The Applicant submits that the certificate of confirmed Grant by which she was allocated

Block A

remains valued – it has neither been set aside nor revoked. That the actions of the Respondent amounts to contempt of court hence the present application.

9. The Respondent on her part states that there are no two properties known as

Block A Kiserian Plot 83B

and Blo

ck B Kisearin Plot NO. 83B

. The Respondent asserts that there is only one single property known as

KISERIAN PLOT NO. 83B

/

BUS

which is her matrimonial home and which she acquired and registered in her own name. That said property

does not

form part of the estate of the Deceased and could not therefore have been allocated to the Applicant. The Respondent states that the description of the property at

BLOCK A

and

BLOCK B

is a creation of the Applicant in an attempt to mislead the court.

10. The Respondent further alleges that the Grant was confirmed without her knowledge and/or involvement and states that she fully intends to challenge the confirmed Grant. That she only became aware that the Grant had been confirmed when the Applicant approached her tenants seeking to be paid rent. The Respondent urges the court to dismiss the application its entirety.

Analysis and Determination

11. I have carefully considered the summons before this court. The affidavit filed in rely thereto as well as the written submissions filed by both parties.

12. The Applicant herein is seeking declaratory orders with respect to

Block A

as well as orders to restrain the Respondent from collecting rent from said property. The orders which are being sought are final in nature and can only be granted after a full hearing at which evidence is called and parties are at liberty to cross-examine the witnesses.

13. The bone of contention is whether there exists two properties being

Block A

and

Block B

or whether as the Respondent asserts there is only one single property being

Kiserian Plot No 83/BUS

.

14. The certificate of confirmed Grant issued on

25

th

November 2020

refers to two distinct plots being

Block A Kiserian Plot No. 83B

and

Block B Kiserian Plot No 83B.

However, a certificate of official search dated

27

th

November 2015

refers to a

Plot No 83 BUS Kiserian

which is registered in the name of

Irene Wambui

the Respondent herein. The search indicates that said plot was transferred to the Respondent on

28

th

August 2013.

Yet another certificate of official search dated

23

rd

February 2016

refers to one property being

Plot No. 83B Kiserian

which is registered in the name of

Geoffrey Ngigi Nganga (the Deceased).

From the documents, it is difficult to determine the true status of the

Kiserian Plot

.

15. The question of whether there exists one plot or two separate plots and the question of who between the Applicant and the Respondent is entitled to the rental income arising therefrom are questions that cannot be determined on the basis of Affidavit evidence.

16. I do note that the Respondent has filed an application for review of Grant dated

6

th

July 2021

in which she seeks the removal of the property known as

Kiserian Plot No. 83/BUS

as an asset subject to distribution by the Administrators. The said application is yet to be heard. It is my view that these are matters that can be canvassed during the hearing of that summons for review of Grant.

17. In the circumstances I am not inclined to allow the present summons. The same is dismissed in its entirety. This being a family matter I make no orders on costs.

DATED IN NAIROBI THIS 22

ND

DAY OF OCTOBER, 2021

…………………………………..

MAUREEN A. ODERO

JUDGE