Land company joins Sh100m inheritance case pitting widow, niece

Three thousand members of Ukingoni Farm Limited have joined a 75-year-old widow in an inheritance case against her niece.

Susan Nyambura and her niece Lucy Wanjiku have been battling in court over Sh100 million property of German tycoon the late Joseph Leitmann before the High Court since 2001.

They both claim to be the late Leitmann’s widows and are entitled to inherit his property. Leitmann died without a Will on August 3, 2001.

Through Directors Jonah Kimaiywa and David Seuri, the members seek the revocation of grant of letters of administration issued to Wanjiku over a 5,186-acre parcel of land in Subukia, Nakuru County.

Wanjiku, issued with the grant on July 26, 2016, had listed the Subukia land as Leitmann’s assets and part of her inheritance. 

By 2015, the land was estimated to be worth Sh114million.

However, Ukingoni officials told Justice Hillary Chemitei that Wanjiku fraudulently listed the land as part Leitmann's inheritance.

They claim the right to the property saying they are registered owners of the immovable properties.

“The petitioner (Wanjiku) knowingly, deliberately and fraudulently misled the court into distributing deceased’s assets to her and her children,” claim the officials.

They also claim Wanjiku unlawfully purported to sell the land to another company for Sh114,800,000 in a sale agreement dated May 16, 2015.

They want the court to rule that Wanjiku fraudulently obtained the grant by making false statements.

“Unless the confirmed grant is revoked and the purported sale cancelled, the company and its members stand permanent lose,” they submit.

The directors insist that Leitmann had only 2,000 shares out of 9,033 shares allocated for the property.

They add that Leitmann has never been the sole proprietor of the land.

“The petitioner has not only abused the court process but is of the misconceived and misguided notion that Leitmann and Ukingoni are one and the same person,” they claim.

Among the members laying claim to the land include businessman Pius Mbugua, former Baringo South Member of Parliament Edward Kiptanui and Harun Chemjor, a lecturer.

In Opposition, Wanjiku insists the company’s claim has been overtaken by events.

She claims she was issued with a letter for the land on January 18, 2002, and it had never been contested for over 15 years.

“I followed the due processes to obtain the grant. The applicants (Ukingoni) needed six months to raise objections but they did not,” she says.

She accuses the firm of filing a sham application in bad faith with an aim to delay justice.

Wanjiku says Leitmann took possession of the property from his father Stefan Leitmann in 1957 and developed it including constructing a dam.

She adds that Leitmann allowed company members to graze a maximum of 800 cows in the land for four years from 1965.

“The deceased was elected as one of the directors of the company on June 24, 1991,” she deposes.