[2012] KEHC 2790 (KLR)

[2012] KEHC 2790 (KLR)

The court found that only the property where the deceased was the sole proprietor (Kajiado/Mtashart/694) was available for distribution under the succession cause. The property held as tenants in common (Ithanga/Ngelelia Block 1/381) is not subject to succession as it is governed by Section 119 of the Registered Land Act, which provides for transmission upon the death of a proprietor in common. The property held as joint tenants (L.R. No. 18113/112) passed to the surviving joint tenant (the widow) by operation of law and is not available for distribution. The proposed mode of distribution did not satisfy the requirements of Section 71 of the Law of Succession Act, and the summons for...

Citation
[2012] KEHC 2790 (KLR)
Parties
Applicant: Administratrix (Widow); Applicant: Pascal Muchiri Njoroge; Applicant: Andrew Gachagwa Njoroge
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
31 July 2012
Case Number
Succession Cause 1302 of 2011
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Outcome
Summons for confirmation of grant stayed pending amendment.
Judges
CN Mugo
Legal Topics
Intestate Succession, Confirmation of Grant, Tenancy in Common, Joint Tenancy, Distribution of Estate, Trust for Minors
Source Language
English
Family and Children Land and Property Intestate Succession Confirmation of Grant Tenancy in Common Joint Tenancy Distribution of Estate Trust for Minors

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Parties

Administratrix (Widow)

Applicant

Pascal Muchiri Njoroge

Applicant

Andrew Gachagwa Njoroge

Applicant

Procedural Posture

Succession Cause / Ruling on Summons for Confirmation of Grant

Legal Issues

  1. 1 Whether the proposed mode of distribution of the deceased's estate meets the legal requirements for intestate succession under Kenyan law.
  2. 2 Whether the deceased's interests in the three immovable properties are available for distribution under succession law.
  3. 3 Whether the properties held as joint tenants or tenants in common are subject to succession.

Ratio Decidendi

The court found that only the property where the deceased was the sole proprietor (Kajiado/Mtashart/694) was available for distribution under the succession cause. The property held as tenants in common (Ithanga/Ngelelia Block 1/381) is not subject to succession as it is governed by Section 119 of the Registered Land Act, which provides for transmission upon the death of a proprietor in common. The property held as joint tenants (L.R. No. 18113/112) passed to the surviving joint tenant (the widow) by operation of law and is not available for distribution. The proposed mode of distribution did not satisfy the requirements of Section 71 of the Law of Succession Act, and the summons for...

Court Disposition

Summons for confirmation of grant stayed pending amendment.

Orders

  • The summons for confirmation of grant is stayed.
  • Applicants to amend the proposed mode of distribution to comply with the Law of Succession Act.