Khadija Waithira Yusuf v Yusuf Kimani Mohammed & 2 others [2019] KEELC 1975 (KLR)

The confirmed grant required the two properties to be subdivided equally between the Plaintiff and her co-wife. The subdivision of Dagoretti/Riruta/74 was undertaken without the Plaintiff's knowledge and without adherence to the confirmed grant. Mohamed Githio Yusuf, who allegedly carried out the subdivision, was not an administrator of the estate and thus lacked capacity. It was unclear how he obtained the title deed while the administrators were alive. The subdivision was geared towards disinheriting deserving beneficiaries.

The 1st Defendant admitted obtaining title in 2012. His explanations were contradictory: he first claimed his father subdivided the land and gave him his share during his lifetime, then claimed his grandmothers signed a transfer. He produced neither a copy of the transfer nor the land control board consent. Letters of administration for his father's estate had not been taken out. His evidence contradicted the Plaintiff's denial of signing any transfer, undermining his claim to a lawful transfer.

The 2nd Defendant, an administrator of the estate of Mariam Nduta Yusuf, testified he only learned of the subdivision in proceedings in Nairobi Succession Cause No. 164 of 2015, confirming that administrators and some beneficiaries were kept in the dark. The 3rd Defendant's defence that the subdivision was consistent with the distribution in the succession cause did not persuade the court, which found the subdivision was geared towards disinheriting beneficiaries and made her liable for costs jointly with the 1st Defendant.