A German dentist has secured absolute ownership of prime Diani Beach plots after a judge ruled that joint property rights bypass succession laws.
Dr Angelika Frey sued Lucy Thegeya, the widow of her co-owner Evan Kuria Thegeya, after discovering in 2017 that the Land Registrar had added the widow as a joint proprietor.
The dispute centred on five parcels of land measuring 2.5 hectares (about 6.1 acres) along Diani Beach in Kwale County, which Frey and the deceased jointly purchased from Ocean Estates Limited in 1985.
Frey told the court she paid for the land in full, even though she and Thegeya were registered as co-owners.
“She further averred that when they acquired the property, Evan Kuria Thegeya was not married; thus, the first defendant’s claim is misinformed, and she is not entitled to any share,” court documents show.
The titles were left in Thegeya's custody. Frey testified that she never saw or asked for the title because she trusted the deceased.
She found out of his demise in 2012 and, on conducting a search in 2017, found she and the deceased were still registered as co-owners.
Following the death of Thegeya in 2011, Lucy obtained a grant of probate and convinced the Kwale Land Registrar to replace her late husband’s name with her own on the land titles.
Frey discovered that Lucy and the second defendant [the registrar] had colluded to transfer the properties to include Lucy’s name in place of Thegeya's.
This triggered a legal battle when Frey discovered the alterations.
Lucy contested the suit, asserting that the petitioner was a fraudster and an imposter impersonating the real Frey to steal the family’s estate.
Lucy further argued that because the initial transfer document contained the words equal shares, the property was held as a tenancy-in-common, making her late husband’s 50 per cent portion part of his free estate.
Witness testimony confirmed Frey's identity.
Anne Reidhammer (PW2), who kept beehives there with the plaintiff’s permission, testified that no one lived on the properties.
She said the land remained vacant for years, and a small structure built by Frey in 2017 was later demolished.
The late owner’s brother, Hillary Maina Thegeye, confirmed to the court that the petitioner was indeed the same Frey introduced to him by his brother in 1985.
Hillary, an interested party and a director of Theevan Enterprises Limited, filed a defence and counterclaim.
The company claimed the joint registration of the land under Frey and the deceased occurred under unclear circumstances.
It contended that it had funded the entire purchase price of the property through a banker's cheque following an agreement between its majority shareholder and the deceased.
Accusing the plaintiff of having no genuine interest and paying nothing for the land, the company sought a court declaration naming it the rightful owner of the properties and a permanent injunction to prevent the plaintiff from interfering with its ownership.
Justice Addraya Dena declared Frey the absolute owner of the land parcels through the right of survivorship.
In regard to Lucy's claim of tenancy in common, the court held that upon the death of a Thegeya, all his rights and interests over the suit properties transmitted to Frey, as the surviving co-tenant.
The judge dismissed the counterclaims of both the deceased’s widow and his brother's company.
Consequently, the judge directed the Land Registrar to revoke the titles issued in the widow's name and a permanent injunction granted against her and the interested party.
