Charles Kyathe Ndeke v Dancan Mutunga & 2 others [2015] KEHC 1759 (KLR)
- Court
- High Court of Kenya
- Case number
- 1759
- Citation
- [2015] KEHC 1759 (KLR)
- Decided
- 22 October 2015
The court ordered the 1st Respondent to stop intermeddling with the estate of the deceased and restrained him from cultivating the land.
Facts
The deceased, Kimeu Ndeke Kavwii, passed away. The Applicant, Charles Kyathe Ndeke, sought letters of administration and preservation of the estate. The 1st Respondent, Dancan Mutunga, was accused of intermeddling with the estate by visiting the land to fix boundaries and cultivating it.
Issues
- Whether the orders for preservation of the estate are available to the Applicant.
- Whether the 1st Respondent's actions are in accordance with the Law of Succession Act.
Reasoning
The court noted that section 45 of the Law of Succession Act prohibits any person from taking possession or disposing of, or otherwise intermeddling with, any free property of a deceased person, except in instances expressly authorized by the Act.
Outcome
The court granted the application for preservation of the estate.
Orders
- That the 1st Respondent be stopped from intermeddling with the estate of the deceased by visiting the land to fix boundaries and or altering boundaries whilst the cause is pending in this court, and or before letters of administration are issued to the petitioner.
- That Duncan Mutunga be restrained from cultivating the land, cutting down trees, erecting structures on the land and claiming to have bought the land from a person who is not related to the family.
Authorities cited
Legislation (1)
- Law of Succession Act
Loading judgment…