Isaac Munoru Naman & another v Samuel Maore [2015] KEHC 4179 (KLR)
- Court
- High Court of Kenya
- Case number
- 4179
- Citation
- [2015] KEHC 4179 (KLR)
- Decided
- 12 June 2015
Summary at a glance
Facts
The deceased, Naman Nabea, owned Plot No. 42, Maua Township, registered in the names of the deceased and his wife, Rael Kaburu Naman. The plot was transferred to Isaac Munoru Naman by the deceased in 1994, but the deceased retransferred it back to himself and his wife in 1995. After the deceased's death, the plot was transferred to Samuel Maore by Rael in 2010.
Issues
- Whether Plot No. 42, Maua Township should form part of the deceased's estate.
- Who has the right to dispose of the plot after the deceased's death.
Reasoning
The court held that the plot was jointly owned by the deceased and his wife, and upon the deceased's death, the interest in the plot was fused with that of the wife. The wife had the right to deal with the land as she wished, and since she had transferred the plot to her son, it is not available for distribution as part of the deceased's estate.
Outcome
The application by the 1st petitioner is dismissed.
Authorities cited
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