[2015] KEHC 1394 (KLR)
The court found that there are unresolved disputes regarding the distribution of the estate, specifically concerning the protestor's entitlement to a share of the land and the fairness of the proposed mode of distribution. In order to resolve these issues, the court directed that oral evidence be produced by the...
Source-derived case information.
- Citation
- [2015] KEHC 1394 (KLR)
- Parties
- Applicant: Benson Gicovi; Respondent: Rosemary Wanjira Muriuki
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 340 of 2013
- Procedural Posture
- Succession Cause / Ruling on Protest to Confirmation of Grant
- Outcome
- Oral evidence to be produced to resolve the issues in dispute before confirmation of grant.
- Legal Topics
- Succession, Confirmation of Grant, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Gicovi
Applicant
Rosemary Wanjira Muriuki
Respondent
Procedural Posture
Succession Cause / Ruling on Protest to Confirmation of Grant
Legal Issues
- 1 Whether the administrator has failed to allocate a share of the estate to the protestor.
- 2 Whether the proposed mode of distribution of the estate property is fair and lawful.
Ratio Decidendi
The court found that there are unresolved disputes regarding the distribution of the estate, specifically concerning the protestor's entitlement to a share of the land and the fairness of the proposed mode of distribution. In order to resolve these issues, the court directed that oral evidence be produced by the parties. The confirmation of the grant and the proposed distribution cannot proceed until the disputes are resolved through the taking of oral evidence.
Court Disposition
Oral evidence to be produced to resolve the issues in dispute before confirmation of grant.
Orders
- Oral evidence shall be produced by the parties to resolve the issues in dispute.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
SUCCESSION CAUSE NO. 340 OF 2013
FORMERLY RUNYENJES SUCC NO. 185 OF 2011
IN THE MATTER OF THE ESTATE OF NGONDI M'MIRU (DECEASED)
BENSON GICOVI...........................................................PETITIONER
VERSUS
ROSEMARY WANJIRA MURIUKI..................................PROTESTOR
RULING
Introduction:
The protestor/applicant has challenged the confirmation of the grant of the letters of administration granted to Benson Gicovi as an administrator. According to the protestor, Benson Gicovi as an administrator has failed to give him a share of the land which forms part of the estate of their father.
Additionally, the protestor is also opposed to the proposed mode of distribution of the property of the estate.
In the light of the foregoing, I direct that oral evidence be produced to resolve the issues in dispute between the parties.
RULING DATED, SIGNEDand DELIVERED in open court at EMBU this.. 6th .. day of OCTOBER .2015
In the presence of both parties
Court clerk R. Njue.
J. M. BWONWONGA
JUDGE
06. 10. 15.