[2015] KEHC 5035 (KLR)
The court found that the parties were already settled on the ground according to the deceased's original subdivision of the estate. There was no justification for denying Philis Muthoni a share of the additional two acres. The court therefore adopted the respondents' proposal for subdivision, which mirrored the...
Source-derived case information.
- Citation
- [2015] KEHC 5035 (KLR)
- Parties
- Applicant: Andrew Mwangi Njoroge; Respondent: Patrick Ruoro Njoroge; Respondent: Ephantus Ndirangu Njoroge; Respondent: Gerald Gichohi Njoroge
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1184 of 2010
- Procedural Posture
- Succession Cause / Ruling on Applications for Revocation of Grant and Contempt of Court
- Outcome
- Application for subdivision of additional two acres allowed as per respondents' proposal; each party to bear own costs.
- Legal Topics
- Distribution of Estate, Revocation of Grant, Contempt of Court, Beneficiary Entitlements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Mwangi Njoroge
Applicant
Patrick Ruoro Njoroge
Respondent
Ephantus Ndirangu Njoroge
Respondent
Gerald Gichohi Njoroge
Respondent
Procedural Posture
Succession Cause / Ruling on Applications for Revocation of Grant and Contempt of Court
Legal Issues
- 1 Whether the grant of representation should be revoked as sought by the applicant.
- 2 Whether the respondents are in contempt of the court order issued on 25th February 2013.
- 3 How the additional two acres of the estate should be subdivided among the beneficiaries.
Ratio Decidendi
The court found that the parties were already settled on the ground according to the deceased's original subdivision of the estate. There was no justification for denying Philis Muthoni a share of the additional two acres. The court therefore adopted the respondents' proposal for subdivision, which mirrored the deceased's formula and included all beneficiaries proportionally. The applications for revocation of grant and contempt were not expressly granted, but the operative order was for the subdivision of the additional two acres as proposed by the respondents. Each party was ordered to bear their own costs, reflecting the family nature of the dispute.
Court Disposition
Application for subdivision of additional two acres allowed as per respondents' proposal; each party to bear own costs.
Orders
- The additional two acres of the estate shall be subdivided as follows: Andrew Mwangi Njoroge - 0.48 acres; Ephantus Ndirangu Njoroge - 0.40 acres; Patrick Ruoro Njoroge - 0.40 acres; Gerald Gichohi Njoroge - 0.40 acres; Philis Muthoni - 0.32 acres.
- Each party shall bear their own costs.
Full Case Text
Judgment text and source record
59 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
SUCCESSION CAUSE NO.1184 OF 2010
IN THE MATTER OF THE ESTATE OF:
NJOROGE S/O GITHAIGA alias MATHEW NJOROGE GITHAIGA - DECEASED
AND
ANDREW MWANGI NJOROGE …......................................,,,,,,.......... APPLICANT
VERSUS
PATRICK RUORO NJOROGE
EPHANTUS NDIRANGU NJOROGE
GERALD GICHOHI NJOROGE…................................................ RESPONDENTS
RULING
There are two applications pending before court:
Application for revocation of grant dated 1st February 2013 and filed on the same date by ANDREW MWANGI NJOROGE under certificate of urgency through the law firm of C.M. KINGORI & CO. ADVCOATES.
Application dated 20th May 2013 by the said ANDREW MWANGI NJOROGE through the law firm of NGANGA MUNENE & CO. ADVOCATE in which they sought that the Respondents PATRICK RUORO NJOROGE, EPHANTUS NDIRANGU NJOROGE and GERALD GICHOHI NJOROGE be committed to civil jail for a period not exceeding six (6) months for being in contempt of court order issued on 25th February 2013.
On 17th September 2013 the Respondents filed a replying affidavit to the application dated 20th May 2013 and when parties appeared before me on 6th May 2014 I directed that parties to try and work on the subdivision of two additional acres which is the subject matter of these applications based on the formula used by the deceased in subdividing 12½ acres of the land which have now been filed.
On behalf of the respondents through a letter dated 26th June 2014 they made the following observation:-
The initial 12½ acres were shared as follows-
ANDREW MWANGI NJOROGE ….............. 3 Acres – 24%
EPHANTUS NDIRANGU NJOROGE …...... 2½Acres – 20%
PATRICK RUORO NJOROGE …................. 2½ Acres – 20%
GERALD GICHOHI NJOROGE ….............. 2½ Acres – 20%
PHILIS MUTHONI ….......................................2 Acres – 16%
Based upon the said formula the respondents proposed to subdivide the additional 2 acres thus:-
ANDREW MWANGI NJOROGE …............................... 0. 48Acres (24%)
EPHANTUS NDIRANGU NJOROGE …....................... 0. 40 Acres (20%)
PATRICK RUORO NJOROGE …................................... 0. 40 Acres (20%)
GERALD GICHOHI NJOROGE …................................. 0. 40 Acres (20%)
PHILIS MUTHONI …...................................................... 0. 32 Acres(16%)
The respondents therefore proposed total Acreage for each beneficiaries as follows:-
ANDREW ….................................................................... 3+0. 48=3. 48
EPHANTUS …................................................................. 2. 5+0. 40=2. 90
PATRICK …...................................................................... 2. 5+0. 40=2. 90
GERALD …...................................................................... 2. 5+0. 40=2. 90
PHILIS ….......................................................................... 2. 0+0. 32=2. 32
On behalf of the applicant the following proposal was made:-
ANDREW ….................................................................... 3. 5+0. 64=4. 14Acres
EPHANTUS …................................................................. 2. 25+0. 42=2. 67 Acres
PATRICK …...................................................................... 2. 25+0. 42-2. 67 Acres
GERALD …...................................................................... 2. 25+0. 42-2. 67 Acres
PHILIS ….......................................................................... 2. 00+0=2. 00 Acres
It should be pointed out that the parties are settled on the ground as per the subdivision by the deceased and there is therefore no justification of denying Philis Muthoni a share on the 2 Acres.
I would therefore allow the subdivision as proposed by the respondents and hereby order that the additional two (2) Acres be and is hereby subdivided as follows:-
ANDREW MWANGI …................................... 0. 48 Acres
EPHANTUS NDIRANGU …........................... 0. 40 Acres
PATRICK RUORO …....................................... 0. 40 Acres
GERALD GICHOHI …..................................... 0. 40 Acres
PHILIS MUTHONI …....................................... 0. 32 Acres
This being a family dispute each party shall meet their own cost. I wish to point out that this ruling was supposed to be delivered on 17th October 2014 but the court was transferred thereby causing the delay therein which is regretted.
Signed and dated this day of 2015
J. WAKIAGA
JUDGE.
Delivered by Justice J. Ngaah on behalf of Justice J. Wakiaga on 19th day of March 2015.
J. NGAAH
JUDGE.
In the presence of:
----------------------------------------- for Applicant
----------------------------------------- for Respondents
Dated this day of 2015