Mother and daughter engaged on a legal battle over inheritance.
BY SAM ALFAN
A mother and daughter are embroiled in a court spat where the daughter, Jennifer Waithira is accusing her mother Beatrice Wambui Karomo of failing to share the family land left behind by their father.
Waithira went to court claiming that her 83-year old mother who is the sole administrator of the said family land in Juja, Thika has neglected and failed to distribute the parcel among her 13 children despite a confirmation of grant.
According to the daughter, the mother clandestinely obtained orders in the magistrates courts to remove a caveat placed on the property so as to facilitate the sale fraudulently which will prejudice her interests provided in the certificate of confirmation of Grant.
“My mother has now elected to inter meddle with the estate and is in the process of selling the land to one Nipul Shah. She is elderly and in poor health thus cannot administer the state,” she said in court documents.
Waithira claims unless the orders sought are granted there is real and actual danger that her mother will proceed with the sale and that will disinherit some of the beneficiaries and make the estate go to waste.
However, in a replying affidavit, the mother claims that she has not been able to distribute the estate because of lack of cooperation and hostility from her daughter
The 87- year old woman also claims that there is a problem with the mode of distribution of the property in that, the total acreage of the portions to be distributed is bigger than the actual size of the said parcel of land.
“According to the said mode of distribution the total shares due my surviving 13 children is 1.5 acres per person amounting to 19.5 acres and what shall remain 7.5 acres as my share thus making the total size of the land to be 27 acres whereas the actual size is 25 acres,” she said in the court documents.
She also claims that her daughter, Waithira, has been for a long time been opposed to the actual position of her share of one and half acres on the ground insisting that the same should include a portion of land that houses water pumps.
Her mother Wambui claims if her wishes were implemented it would cut off the rest of the family members from accessing the same thus exposing them to untold hardship.
Lady Justice Margaret Muigai of family Division ordered the mother be temporary restrained from selling, alienating ,disposing ,intermeddling or dealing with properties comprised in the estate in any manner inconsistent with the certificate of confirmation of grant issued, until the hearing and determination of the matter.
