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ELCDismissedNairobi High Court Succession Cause Number 1637 of 2001 (referenced); plaint filed 30/11/2015· [2018] KEELC 578 (KLR)

Zahida Mohamed Kassam Noorani & another v Parinbanu Aziz Mohamed & 2 others [2018] KEELC 578 (KLR)

Environment and Land Court
6 December 2018
BEB M Eboso
728 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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A buyer of deceased-person property lost the case for failing to produce the certificate confirming the administrators' authority to sell.

What this practically means

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Executive summary

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The plaintiffs sued the 1st and 2nd defendants, administrators of the estate of the late Azizudin Gulamhussein Mohamed Nathoo, and Sultana Properties Limited, seeking specific performance of a 2005 contract of sale of Apartment Number 7 in Block D on Land Reference Number 209/25/11, Parklands, Nairobi. They sought execution of the transfer of lease (with the Deputy Registrar empowered to sign if the defendants defaulted), transfer of two shares in the 3rd defendant company, damages and costs. The suit was undefended; summonses were served by notice in the Standard Newspaper on 7/9/2016. At the hearing the 1st plaintiff testified and produced seven exhibits, including the lease, the grant of letters of administration issued to the 1st and 2nd defendants on 2/10/2001, the sale agreement, an acknowledgement of receipt of money, and a share transfer form. The court observed that while an undefended suit would ordinarily succeed without much ado, the 1st and 2nd defendants had allegedly disposed of the suit property in their capacity as administrators of the estate of the registered proprietor. The only succession document produced was the grant; the certificate of confirmation of grant, which vests the estate in the designated beneficiaries, was not produced. The court therefore could not find that the administrators were authorized to dispose of the suit property. The suit was dismissed with liberty to the plaintiffs to bring a proper suit properly supported with all necessary evidence. No costs order is recorded in the judgment.

Key legal issues

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Whether an undefended suit for specific performance of a contract of sale of estate property by administrators should be granted on the pleadings and plaintiff's evidence alone

Holding

The suit fails because the plaintiffs did not present evidence demonstrating that the 1st and 2nd defendants, as administrators, were authorized to dispose of the suit property

Reasoning

Although orders in an undefended suit would ordinarily be granted without much ado, the 1st and 2nd defendants allegedly sold the suit property in their capacity as administrators of the estate of the registered proprietor. The only succession document produced was the grant of letters of administration; the certificate of confirmation of grant, which vests the estate in the beneficiaries, was not produced. Without it, the court could not confirm that the administrators were authorized to dispose of the property.

p. 2

Legal principles established

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  • The certificate of confirmation of grant is the instrument which vests the estate of a deceased person in the designated beneficiaries, and a plaintiff suing administrators over disposition of estate property must produce it to show the administrators were authorized to dispose of the property

Court orders

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  1. 1.Suit dismissed
  2. 2.Liberty granted to the plaintiffs to bring a proper suit properly supported with all the necessary evidence
Jurisdiction invoked
Original civil jurisdiction over the suit (undefended suit on contract for sale of land); the underlying succession cause is Nairobi High Court Succession Cause Number 1637 of 2001

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Zahida Mohamed Kassam Noorani & another v Parinbanu Aziz Mohamed & 2 others [2018] KEELC 578 (KLR)", Case Analysis (2018). Nairobi High Court Succession Cause Number 1637 of 2001 (referenced); plaint filed 30/11/2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/578/eng@2018-12-06

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.