Rachael Wanjiru Gathuru v Peter Ndeere Tumbo & another [2021] KEHC 8372 (KLR)
- Court
- High Court of Kenya
- Case number
- 8372
- Citation
- [2021] KEHC 8372 (KLR)
- Decided
- 9 March 2021
The court held that the title deed did not indicate the nature of their co-tenancy, and thus, the doctrine of survivorship applied, resulting in the deceased's share passing to Charles Wairagi Mbugua.
Facts
The deceased, Josephine Njeri Mbugua, owned a parcel of land (LR Komothai/Igi/110) with her husband, Benard Mbugua Tumbo, and her son, Charles Wairagi Mbugua. After the death of both, the land was inherited by the respondents, who were appointed administrators. The appellant, Rachael Wanjiru Gathuru, contested the distribution of the land, arguing that she should inherit her share as tenants in common.
Issues
- Whether the deceased and Charles Wairagi Mbugua were registered as joint proprietors or tenants in common of the land.
- Whether the appellant's share of the land should be distributed to her as per her argument or to the respondents as per the distribution by the administrators.
Reasoning
The court determined that the title deed did not specify whether the deceased and Charles Wairagi Mbugua were joint tenants or tenants in common, leading to the application of the doctrine of survivorship.
Outcome
The appeal was dismissed.
Authorities cited
Legislation (1)
- Land Registration Act
Cases cited (2)
- Hussey v Palmer (1972) 3 ALL ER 744
- Halsbury's Laws of England, 4th Edition volume 48
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