KENYA COMMERCIAL BANK (SUING AS THE ADMINISTRATOR OF THE ESTATE OF PAUL NJOROGE MUCHENE) V. SERAH NJERI MUCHENE (SUED ON BEHALF AND AS THE ADMINISTRATIX OF THE ESTATE OF PERMINUS MUCHENE MWANGI)

JUDGMENT OF THE COURT

[1] Paul Njoroge Muchene (deceased) died on 5^th May, 1977. A grant of letters of administration of his estate was issued to Kenya Commercial Bank Ltd, on 10^th April 1979, in High Court Succession Cause No. 99 of 1979. On 26^th September, 2008, Kenya Commercial Bank Ltd (suing as the administrator of the estate of Paul Njoroge Muchene (deceased) filed a suit in the High Court against Serah Njeri Muchene on behalf of the estate of the deceased estate. The said suit was instituted by way of an originating summons that was seeking determination of the following questions:

1. Whether or not Land Parcel No. Kabete/Lower Kabete/566 was bought in or around 1962 by Paul Njoroge Muchene (deceased) and Perminus Muchene Mwangi (deceased) jointly from one Stephen Ngige in the ratio of 2.62 to 4 acres.

2. Whether or not the said Perminus Muchene Mwangi (deceased) had the whole of the land registered in his name on 22.6.1962 at the expense of Paul Njoroge Muchene’s (deceased’s) rig…