Sheet & Metal Works Co Ltd v Robert Maina Mwangi [2016] KEHC 7645 (KLR)

Facts

The deceased Francis Mwangi Ndung’u died intestate. His widow Jane Wanjiru Mwangi and son Robert Maina Mwangi petitioned for letters of administration. The estate was distributed to Jane, Robert, and Grace Wangari Mwangi. Jane died, and Grace Wangari Mwangi was appointed as administrator. The estate was later rectified to include additional assets. The applicant, Sheet and Metal Works Co. Ltd., sought to remove Plot No. 326 – Kariobangi from the estate and declare the sale agreement null and void.

Issues

1. Ownership of Plot No. 326 – Kariobangi
2. Validity of the sale agreement

Reasoning

The administrators and beneficiaries of the estate had no claim to the plot as it was not even the declared property of the deceased at the time of the petition for grant of letters of administration. The applicant demonstrated through documentary evidence that the plot belonged to it.

Outcome

The application is allowed with costs.