Sibling in court to fight over late parents’ property left by their late parents

Wednesday, January 27th, 2021 00:00 |
Johnson Mutiso Omondi. Photo/Courtesy

Bernice Mbugua @BerniceMuhindi

 Two siblings are embroiled in a court battle over property that was left to them by their deceased parents.

Truphosa Apondi Omondi, the administrator of the property  in Eastleigh, Nairobi wants her brother, Johnson Mutiso Omondi, restrained from accessing it  until a case she has filed in court is heard and determined

Mutiso on the other hand  has accused  his sister of using the court process to undertake an injustice and an illegality to restrict him from accessing the property, which he is legally entitled to.

“The plaintiff wants to have full ownership rights to the said property,” Mutiso says in court documents.

He said Truphosa had  from the onset of the case failed to inform the court that they are siblings, and that he is not a stranger to her as it may be construed in her application.

“For the better part of my life I have known the said property situated along 5th Street in Eastliegh belongs to my late father as it was passed down to him after the death of my grandfather,” Mutiso says in court documents.

He says after the death of his father in 2012, his mother, Elizabeth Ngina Peter Omond and sister  have been managing the property. 

“My mother would ensure I get a share of the proceeds from the property as it was my right.

She would also send me money through her phone and help me pay school fees for my son and my medical cover,” Mutiso further claims in court documents.

He continues to claim that after the passing on of his mother in June, 2020, his sister and  their other four siblings instructed guards manning the property to restrict him from accessing it.

“I could not understand why I was being restricted. I followed up with administrative authorities, who summoned and informed them that they could not restrict me from entering the premises, because I have a right of access and could only do so with a valid court order,” he claims in court documents.

Mutiso also claims his wife and child were rendered homeless, due to the actions of his siblings, saying the succession cause regarding the estate was undertaken without his knowledge or consent.

The brother, the second born in the family, says he relied on proceeds from the property for upkeep and other basic provisions, and since the death of their mother he has not received a single cent from the property.

“I now rely on well-wishers for my basic needs and funds to defend this application.

I am unable to retain counsel to assist me in this matter and the plaintiff being fully aware of this fact, is using it to her advantage,” he says.

The sister, through  her lawyer Bryan Khaemba, in suit papers, claims her brother has on numerous occasions gained entry into the property to the detriment of the other four siblings, who are also beneficiaries and equally entitled to it.

“The respondent, who has his own resident, has on numerous occasions forcefully and violently entered the property, which has rental houses and denied tenants and workers entry.

The property is now almost vacant due to his actions,” she claims in court documents.

Letter of administration

Truphosa said none of the beneficiaries reside on any of the properties at the moment and it was the wish of the majority to convert them into a trust in honour of their late parents, save for the actions of their brother making the wish untenable.

The letters of  administration of the property were granted to Truphosa and her mother.

After the death of their mother, Truphosa is the only remaining administrator of the estate.

She says the other siblings and herself had decided to use proceeds  from the the Eastliegh  property for its maintenance. 

They had also agreed to do the same with their properties in Mumias, but since  Mutiso is allegedly at the brink of chasing away all tenants, they have no option than disposing it off and the proceeds be shared equally amongst all beneficiaries

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