A man who reportedly passed away nine years ago caused confusion on Tuesday after he appeared in court.

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The man, Kimani Mungai, asked the court to be enjoined in a Sh40 million land case after years of disappearance.  

The court had already received the death certificate of the man as proof that he had died before he made the appearance. The buyer of the land, Agnes Kagure Kariuki, told the court that she was the legal owner of the land. 

Ruth Wambui Kimani, who was allegedly married to Mungai, said that she had not inherited the land upon realising that it had been transferred to Kariuki. 

Wambui had sought legal redress at the Makadara Law Courts after the notification of the land transfer. Wambui went to court on August 7, last year to file the case, but it remains unclear where the alleged dead man was at that time. She told the court that she was the one administering the estate of Francis Kimani Mungai.

During the filing of the case, she also said that Mungai met his death on October 26, 2010.

Wambui also told the court that she had been left in deep shock when she tried to administer the estate only to notice it had been sold to Kagure at Sh10 million on October 7, 2015. Wambui questioned how the transfer was conducted since her husband had died five years ago. 

On his part, Mungai admitted that he had transferred the land to Kagure on July 30, 2015. Wambui had also obtained a death certificate from Limuru as she sought to inherit the estate.

She claimed that she had married Mungai in 1968 but Mungai denied the claims noting that he could not have been married at the time because he was only nine years old. Mungai through his lawyer stated that he was not aware of his death as well as the court case over the property in question.

“The applicant was notified of the existence of the suit herein by the first defendant (Kariuki),” he told the court during the session, as quoted by Standard.