[2012] KEHC 2410 (KLR)

[2012] KEHC 2410 (KLR)

The court found that the rectification of the grant was improperly obtained as the applicants were not served with the application, and the inclusion of the grandson as an equal beneficiary was not supported by the law or the wishes of the deceased. The court held that a grandson can only inherit through his mother unless there is express consent from all beneficiaries or a clear directive from the deceased. The petitioner's proposed mode of distribution was rejected as it contravened established succession principles and was opposed by all other beneficiaries. The court ordered that the estate be distributed in accordance with the applicants' suggested mode, ensuring a fair and equitable...

Citation
[2012] KEHC 2410 (KLR)
Parties
Petitioner: Evangeline Kiburo Mugambi; Applicant: Charles Gikunda Mugambi; Applicant: Ayub Gatobu Mugambi; Applicant: Joyce Naitore Mugambi; Applicant: Gideon Kimathi Mugambi
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
2 August 2012
Case Number
Succession Cause 119 of 2005
Procedural Posture
Succession Cause / Ruling on Chamber Summons Seeking Review and Setting Aside of Rectified Grant
Outcome
Application allowed; rectified grant set aside; estate to be distributed as per applicants' proposal.
Legal Topics
Succession, Distribution of Estate, Confirmation of Grant, Rectification of Grant, Beneficiary Rights
Source Language
English
Family and Children Succession Distribution of Estate Confirmation of Grant Rectification of Grant Beneficiary Rights

Case Brief

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Parties

Evangeline Kiburo Mugambi

Petitioner

Charles Gikunda Mugambi

Applicant

Ayub Gatobu Mugambi

Applicant

Joyce Naitore Mugambi

Applicant

Gideon Kimathi Mugambi

Applicant

Procedural Posture

Succession Cause / Ruling on Chamber Summons Seeking Review and Setting Aside of Rectified Grant

Legal Issues

  1. 1 Whether the rectification of grant dated 1/2/2012 was properly obtained and should be set aside.
  2. 2 Whether a grandson of the deceased can be allocated a share equal to the sons of the deceased in the absence of express wishes by the deceased or consent of all beneficiaries.
  3. 3 What is the fair and equitable mode of distribution of the deceased's estate.

Ratio Decidendi

The court found that the rectification of the grant was improperly obtained as the applicants were not served with the application, and the inclusion of the grandson as an equal beneficiary was not supported by the law or the wishes of the deceased. The court held that a grandson can only inherit through his mother unless there is express consent from all beneficiaries or a clear directive from the deceased. The petitioner's proposed mode of distribution was rejected as it contravened established succession principles and was opposed by all other beneficiaries. The court ordered that the estate be distributed in accordance with the applicants' suggested mode, ensuring a fair and equitable...

Court Disposition

Application allowed; rectified grant set aside; estate to be distributed as per applicants' proposal.

Orders

  • The rectified grant dated 1/2/2012 is set aside.
  • The estate of the deceased shall be distributed as follows: L.R.NO. ABOTHUGUCHI/GITHONGO/764 (1.4 acres) to be shared equally by Mary Mbuthu Mugambi, Joyce Naitore Mugambi, Salome Ngugi Mugambi, and Beatrice Mwendwa Mugambi; L.R.NO. ABOTHUGUCHI/GITHONGO/710 (4.6 acres) to be shared as follows: Evangeline Kiburo...