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Missing title deeds and a disputed asset list: heirs fight over Paradise Lost estate in Nairobi court

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A seven-year succession battle over the estate of Christine Mithiri Mbugua has returned to the High Court in Nairobi, with one beneficiary alleging that title deeds and bank accounts were concealed and that a distribution plan was signed without his consent.

A succession dispute over a multi-million-shilling estate that includes the Paradise Lost property in Kiambu County has returned to the High Court in Nairobi, with allegations of concealed title deeds, undisclosed bank accounts and a distribution plan signed without consent taking centre stage.

During proceedings before Justice Rose Akinyi, Wanjiku Mwangi Mbugua — appearing as proxy for her father Daniel Mwangi Mbugua — accused Joseph Mbai Mbugua of concealing assets. The feud traces back to the death of Christine Mithiri Mbugua, who died intestate on April 6, 2017, leaving six children as beneficiaries.

Daniel’s protest claims that after their mother’s death two of his younger brothers “got hold of the key and combinations to our mother’s safe, where she had kept all the title deeds, certificates and information relating to her estate”. He also says his siblings have alienated him from the management of family company properties.

The dispute centres on a summons by Isaac and Joseph for confirmation of a grant of letters of administration intestate before the expiry of six months. Joseph’s affidavit lists 24 assets, including LR 12825/140 measuring 25 acres in Kiambu, Dagoretti/Kangemi/S.134 comprising 25 apartments, LR 15146/13 measuring 825 acres, Safaricom shares, 25 per cent of Ndunde Investment Ltd and 50 per cent of Mbuhia Investments Ltd. A proposed mode of distribution allocates the Kiambu property, the Dagoretti apartments and Laikipia land to named beneficiaries, with a 645-acre parcel at Kiambu/Mun. Block 5 (Kiamumbi) 2876 going to Isaac. The inventory also lists land in Ruiru, Nyandarua, Ruai, Juja, Mavoko and Madaraka, a stall in Kariobangi market, a Kangemi plot and two acres in Joska.

Daniel’s protest, sworn on February 5, 2025, argues that no evidence has been produced to show the listed properties belong to the deceased, that three of them belong to Ndunde Investment Limited and cannot individually be the subject of a succession cause, and that the list is incomplete because it omits bank accounts. He cites Standard Chartered Bank statements showing cumulative balances of Sh8,112,281 across three accounts, and says the deceased also owned property in Mombasa under Title No. MSA/Block XVII/818A.

Wanjiku questioned whether the disposal of the Paradise Lost property was carried out with the knowledge and consent of all beneficiaries, and challenged Joseph to explain why two prime Mombasa properties were allegedly left out of the distribution list and how much rent they generate. Joseph maintained that all beneficiaries had agreed on the plan and argued that some disputed properties belong to Dunde Company, a separate entity with four directors including the late Christine. Justice Akinyi noted the deep divisions and observed that the beneficiaries had yet to convene and reach a fresh agreement on distributing the estate.

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