[2018] KEHC 5937 (KLR)
The court found that, in the absence of any divorce proceedings or certificate of divorce, Catherine Gakii Thaara remained a lawful wife of the deceased and was entitled to a share of the estate. The mere allegation of separation was insufficient to disentitle her from inheritance. The court held that both widows...
Source-derived case information.
- Citation
- [2018] KEHC 5937 (KLR)
- Parties
- Applicant: Catherine Gakii Thaara; Respondent: Doreen Ndumba Guantai
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 281 of 2007
- Procedural Posture
- Succession Cause / Ruling on Objection to Confirmation of Grant
- Outcome
- Objection dismissed. Estate to be distributed equally among both widows and the five children.
- Legal Topics
- Intestate Succession, Spousal Entitlement, Distribution of Estate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Catherine Gakii Thaara
Applicant
Doreen Ndumba Guantai
Respondent
Procedural Posture
Succession Cause / Ruling on Objection to Confirmation of Grant
Legal Issues
- 1 Whether Catherine Gakii Thaara is entitled to a share of the deceased's estate as a widow despite allegations of separation.
- 2 How the net intestate estate of the deceased should be distributed among the surviving dependants.
Ratio Decidendi
The court found that, in the absence of any divorce proceedings or certificate of divorce, Catherine Gakii Thaara remained a lawful wife of the deceased and was entitled to a share of the estate. The mere allegation of separation was insufficient to disentitle her from inheritance. The court held that both widows and the five children of the deceased are entitled to equal shares of the net intestate estate. The estate, comprising parcel no. L.R. Abothuguchi/Katheri/3049 measuring 0.60 ha, is to devolve equally among the identified dependants and beneficiaries.
Court Disposition
Objection dismissed. Estate to be distributed equally among both widows and the five children.
Orders
- Certificate of confirmation of grant to issue for equal distribution among both widows and the five children.
- Each party to bear their own costs.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 281 OF 2007
IN THE MATTER OF ESTATE OF JAMES GUANTAI M’MUGAMBI (DECEASED)
CATHERINE GAKII THAARA................................................................PETITIONER
VS
DOREEN NDUMBA GUANTAI..................................................................OBJECTOR
RULING
The deceased James Guantai M’Mugambi died intestate and from the letter dated 17th July 2007 he was survived by 2 widows Catherine Gakii the Petitioner herein and the Protester Doreen Nduba Guantai. He was also survived by 6 children namely:-
1. Gatwiri Guantai
2. Sofia Kanana
3. Milly Hadi
4. Weddy Nkirote
5. Ridah Muthoni
6. Julia Guantai.
The net intestate estate is made up of parcel no. L.R. Abothuguchi/Katheri/3049 measuring measuring 0. 60 ha. Catherine Gakii sought for confirmation of grant made to her on 3rd July 2008 but Doreen Ndumba Guantai objected and claimed that Catherine Gakii and the deceased had separate as husband and wife and she only returned to bury the deceased and that she was not entitled to a share of the estate and that she wanted to sell what she is claiming to 3rd parties.
From the evidence of the protester/Objector is well as objector/protester witness no. 2 the deceased had 2 wives and each had 2 children. There was also a child born out of wedlock Gatwiri Guantai. Although it is alleged that the petitioner left the deceased in 1992 the protester and her witness didn’t present this court with any divorce proceedings and/or certificate of divorce between the deceased and the petitioner to disentitle her from claiming from the estate of the deceased. The deceased not having taken steps to legally severe his relationship with the petitioner, no one else has capacity to say she was no longer his wife.
In the circumstances both Catherine Gakii Thaara and Doreen Ndumba Guantai as well as the five children have a right over the deceased persons estate.
The net intestate estate is to devolve to the said dependants and beneficiaries in equal shares. A certificate of confirmation to issue to that effect. Each party to bear their own costs.
HON. A.ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 28TH DAY OF JUNE 2018.
IN THE PRESENCE OF:
C/A:
Petitioner:- N/A
Objector:- N/A
Notice to be issued by DR
HON. A.ONG’INJO
JUDGE