[Source: Daily Nation, by Joseph Wangui]
A man’s bid to have a stake in his dead sister’s estate on account of having paid her medical bills has been thwarted by the High Court in Murang’a.
Mr Julius Kiruma failed to prove to the court his claim for half of his sister’s piece of land on grounds of the money he spent to settle her hospital bills.
He told the High Court that he contributed Sh214,000 towards the medical needs and upkeep for Hannah Wanjiru.
Mr Kiruma even produced a list of the expenditure.
The court was told that Mr Kiruma also built a house for his sister and that the expenses were converted to two acres.
Mr Kiruma said he bought the four-acres jointly with his brother Mwangi Ruhohi and “I am therefore entitled to half the share”.
His claim was backed by two Wanjiru’s children – Gladys Waigumo and Mary Wanjiku – who said there was an agreement to the effect that their uncle’s expenditure would be returned with half of the land in question.
Ms Wanjiku said Wanjiru had called all her children and informed them about it.
To protect his interests, Mr Kiruma placed a restriction against the land in October 2016 because he also wanted to be an administrator of his sister’s estate.
However, a lawyer advised that one of Wanjiru’s daughter named Esther Wangari be instead appointed the administrator.
Ms Wangari filed the case seeking the removal of the restriction by Mr her uncle against developing or transferring the land.
She told the court that the restriction had no legal grounds and that the land had been sold to Mr Ruhohi by her mother.
The restriction by Mr Kiruma prevented the transfer of the property to Mr Ruhohi.
Ms Wangari said she had instructions from her mother to effect the transfer of the land to Mr Ruhohi because he had paid for it fully.
On seeking to obtain the consent of the Land Control Board to transfer the ownership of the plot, the process was halted because of the restriction, Ms Wangari said.
The court dismissed Mr Kiruma’s claim, saying there was no contract between him and Wangari on settling the medical bills.
In the Murang’a family case, the High Court ruled that the restriction was unjustified as Mr Kiruma failed to prove his claim on his sister’s four-acre piece of land.
The High Court ordered the Lands Registrar to have it removed immediately.
[Full article: Daily Nation, by Joseph Wangui]
