SARAFINA NCHOORO M’IKIARA v SABINA NCHABIRA M’MUTUNGA [2007] KEHC 422 (KLR)

Facts

The deceased, M’Ikiara M’Ritha, died on 5.9.2005. The Respondent, Sabina Nchabira M’Mutunga, had a land dispute with the deceased before the Meru Central Land Disputes Tribunal (LDT No. 31/2004). The LDT ordered that the Respondent should get one acre out of land parcel Nkuene/L.Mikumbune/1061 registered in the deceased’s name. The Applicant, Sarafina Nchooro M’Ikiara, claims that the Respondent is attempting to interfere with the estate by amending mutation forms.

Issues

1. Whether the Respondent’s actions constitute intermeddling with the deceased’s estate
2. Where exactly the one acre falls within the deceased’s land

Reasoning

The Respondent’s entitlement to one acre out of the deceased’s land parcel Nkuene/L.Mikumbune/1061 is valid and lawful, as it was adjudicated by the Chief Magistrate’s Court in LDT No. 31/2004. The Respondent cannot be said to have intermeddled with the estate contrary to the Law of Succession Act.

Outcome

The application for inhibition and order to prevent interference is dismissed.

Authorities cited