Granny, 74, wins a protracted land case against two fake brothers
By Daniel Chege | May 30th 2020
A 74-year-old woman has won a three-year court battle against two men claiming her seven-and-a-half-acre prime land under the guise that they were her brothers.
Justice Rachel Ng'etich annulled and revoked the letters of administration that had been issued to Robert Kibii and Reuben Kipkemoi in October 2015.
Ng'etich also issued another grant to Tapkili Chelang'at, ruling that she was the only surviving child of the late Cherotich Lango and the only beneficiary of the suit property.
The judge further dismissed claims by Kibii and Kipkemoi that they were Chelangat’s brothers hence deserving a share in the property.
“The respondents have not purported any blood relationship with the applicant. They only claimed that they took care of the applicant’s brother who died. It is not disputable that they are not the applicant’s brothers as they had claimed,” she said.
In her ruling, Ng'etich chided the two men for deception, saying they fraudulently obtained letters of administration over the property by making a false statement and forging documents.
She also chastised them for concealing that the septuagenarian was an only child, and that she was neither consulted during filing of the succession case nor invited to court during confirmation.
"The respondents unlawfully masqueraded as beneficiaries of the deceased, filed the succession case in 2013 and left out the name of the sole beneficiary to the estate without her authorisation and consent,” she ruled.
The ruling concluded a three-year court battle for the suit property. The woman filed the case on June 6, 2017, after she learnt that the two men had been illegally issued with the letters of administration on October 26, 2015.
In her case, she claimed the respondents were strangers to her, citing the fact that the two were Tugen while she is Kipsigis and as such, they could not have been from one mother.
She accused the respondents of forging documents and lying to the court that they were the property owner’s sons.
“The respondents took advantage of my old age and illiteracy and assumed that I would not follow up the estate of my late mother. If the grant is not revoked, I will suffer irreparably,” she averred.
The respondents had filed affidavits denying being fraudsters and strangers to the woman. They claimed that they purchased the land from the woman for Sh90,000 per acre in 2013.
They further told court they had agreed with the woman to file the case, describing themselves as the applicant’s brothers.
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