RAMADHANI MUSUMBA CHEMIETI V. JAMIN WASIKE CHEMIETI

JUDGMENT OF THE COURT

This is an appeal from the judgment of the High Court at Bungoma (Muchemi, J.) delivered on 13^th July, 2011 declaring that two properties known as title number East Bukusu/South Kanduyi/ 489 and title number Bungoma Township/228 (the properties) belonging to Sila Chemiati, deceased, were illegally, fraudulently and unlawfully sold to third parties after his death but that the same could not “be taken back to form part of the estate of the deceased and be distributed in the pending succession cause.”

The appellant faults the learned judge for holding that title number Bungoma Township/228 cannot be restored to form part of the estate of the deceased to be distributed to bona fide beneficiaries. She also complains that the learned judge’s finding prejudiced her pending suit against the respondent and against the purchaser seeking rectification of the register in respect of title number Bungoma Township/228 with a view to restoring the name of the deceased as the prop…