BY SAM ALFAN.
The High Court has ordered Mibyu Koinange’s daughter Lennah Wanjiku to deposit in court a title to a parcel of land she hived off from the estate without the consent of other beneficiaries.
Justice Aggrey Muchelule canceled the title to the land identified as entry No. 44 on Title number L.R No. 22/2 and asked Lennah to deposit it in court within 14 days.
The Judge ordered Koingange’s widow,Eddah Wanjiru Mbiyu to issue a notice in a national newspaper with a wide circulation informing the public of the cancellation of the title and also warn anyone dealing with the said land.
The judge said that the subdivision and transfer was done in contravention of the law and they were criminal transactions under section 45(2) of the Act.
He said Lennah caused the subdivision of L.R No. 22/363 without a court order and there was no consent from administrators and beneficiaries.
“Through these actions, the estate lost 35.85 acres. She had no authority to cause the transfer to herself or to any other person and she inter-meddled with the estate of the deceased,” the judge said.
The judge said it was not the issue whether administrators and the other beneficiaries may have known that Lennah was residing on the property in question.
” The issue is that she caused the parcel to be subdivided and a potion of it measuring 35.85 Hectares to be transferred into her name”, added the judge.
These were done through entry No. 44 on the title documents L.R No. 22/ 363.
During the hearing of the application before Justice Aggrey Muchelule, Eddah Wanjiru Mbiyu through Senior Counsel Paul Muite said she transferred the parcel of land to herself without the consent of other beneficiaries.
Muite also informed the court that Wanjiku has on two other occasions transferred and registered other properties in her favour.
He said the transactions were neither sanctioned by the other three administrators or beneficiaries.
Muite added that the said entries should be cancelled and the land reverted back to the estate as the said transfers constitute of intermeddling.
The application was supported by other administrators including David Njunu Koinange, David Waiganjo Koinange and Margaret Njeri as well as other beneficiaries of the estate.
The lawyer further informed the trial judge that some three other properties were sold through sanctions of the court and there was no contention as all beneficiaries agreed.
They include 260 acres sold to Aga Khan, 100 acres to Centum and a three-acre parcel sold to Karura Community Chapel.
Muite said that the land Wanjiku transferred to herself was not sanctioned by the court, hence it should be cancelled.
However, Wanjiku told the court that Margaret has not come to court “with clean hands” and the application was only meant to delay the distribution of the estate.
Wanjiku through his lawyer said she has been occupying the disputed land since she was evicted from the portion that was sold to other parties, through consent of the court.
