[2010] KEHC 3174 (KLR)
The court found that the protest had merit because the parcel of land L.R. Chinga/Gikigie/19 no longer existed, having been subdivided into three new parcels. The protestors, as daughters and daughter-in-law of the deceased, stood in priority to inherit the estate over the petitioner, who was only a grandson, as...
Source-derived case information.
- Citation
- [2010] KEHC 3174 (KLR)
- Parties
- Applicant: Francis Kariuki Gikuhi; Respondent: Veronica Wanjugu Kariuki; Respondent: Mary Wanjira Njagi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 239 of 2003
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant and Protest
- Outcome
- Protest allowed; petitioner's application for confirmation of grant refused; grant to be issued and confirmed in joint names of protestors; estate parcel to be shared equally between protestors.
- Legal Topics
- Intestate Succession, Priority of Beneficiaries, Distribution of Estate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Kariuki Gikuhi
Applicant
Veronica Wanjugu Kariuki
Respondent
Mary Wanjira Njagi
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Protest
Legal Issues
- 1 Whether the petitioner, as a grandson, is entitled to inherit the estate of the deceased in priority to the daughters and daughter-in-law of the deceased.
- 2 Whether the parcel of land L.R. Chinga/Gikigie/19, having been subdivided, can be distributed as proposed by the petitioner.
- 3 How the estate should be distributed in light of the protest and the current status of the estate's assets.
Ratio Decidendi
The court found that the protest had merit because the parcel of land L.R. Chinga/Gikigie/19 no longer existed, having been subdivided into three new parcels. The protestors, as daughters and daughter-in-law of the deceased, stood in priority to inherit the estate over the petitioner, who was only a grandson, as provided under section 39 of the Law of Succession Act. The petitioner had attempted to disinherit the protestors by proposing to take the entire estate for himself, which was contrary to the law. The court refused to confirm the grant as proposed by the petitioner and instead ordered that the grant be issued and confirmed in the joint names of the protestors, with the remaining...
Court Disposition
Protest allowed; petitioner's application for confirmation of grant refused; grant to be issued and confirmed in joint names of protestors; estate parcel to be shared equally between protestors.
Orders
- The grant is refused as proposed by the petitioner.
- The grant shall be issued and confirmed in the joint names of Veronica Wanjugu Kariuki and Mary Wanjira Njagi in place of the petitioner.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI Succession Cause 239 of 2003
IN THE MATTER OF ESTATE OF JULIETA NJOKI KARIUKI..DCD
FRANCIS KARIUKI GIKUHI ……………. PETITIONER
VERSUS
VERONICA WANJUGU KARIUKI
MARY WANJIRA NJAGI……………….….PROTESTORS
RULING
The petitioner herein, Francis Kariuki Gikuhi, was granted letters of administration intestate in respect of the estate of Julieta Njoki Kariuki, deceased on 13th March 2008. He then applied via the summons for confirmation of grant dated 13th September 2008 to have the grant confirmed. Veronica Wanjugu Kariuki and Mary Wanjira Njagi the protestors herein, filed an affidavit of protest sworn by Veronica Kariuki to oppose the application for confirmation of grant. When the matter came up for hearing it was directed that the same be determined by affidavit evidence and by written submissions. At the time of writing this ruling, only the protestors had their submissions.
I have taken into account the summons for confirmation of grant and the facts deponed in the affidavit of protest and that filed in support. I have also taken into account the protestors’ written submissions. In the summons for confirmation of grant the petitioner names himself, Veronica Wanjugu Kariuki and Mary Wanjira Njagi as persons surviving the deceased as a grandson, daughter and daughter-in-law respectively. He also identified the parcel of land known as L.R. No. Chinga/Gikigie/19 as the estate’s only asset. He intimated in the schedule of distribution to have the aforesaid land solely given to him to the exclusion of other beneficiary. In the affidavit of protest the protestors pointed out that the aforesaid parcel of land no longer exists since the same was subdivided giving rise to the following subdivisions.
(i) Chinga/Gikigie/1189,
(ii) Chinga/Gikigie/1190, and
(iii)Chinga/Gikigie/1191,
It is stated that parcels numbers Chinga/Gikigie/1191 and Chinga/Gikigie/1190, were registered in the names Veronica Wanjugu Kariuki and Mary Wanjira Njagi respectively. The protestors are of the view that the petitioner has no right to inherit the land. They are of the view that the parcel of land known as Chinga/Gikigie/1189 should be shared equally between the protestors. There is no doubt that petitioner is a grandson to the deceased. The protestors stand in priority to inherit the estate as against the petitioner under section 39 of the law of succession Act. I find the protest to have merit in that the parcel of land known as L.R. Chinga/Gikigie/19 no longer exists. It is also obvious that the petitioner disinherited the protestors from benefiting from the deceased’s net estate yet they rank on priority against him. I hereby refuse to confirm the grant as proposed. I have been provoked to make an order to distribute the estate. I think it is the right thing to do at this stage in order to avoid the matter procrastinating further. I hereby order that the grant be issued and confirmed in the joint names of the protestors in place of the petitioner and that the parcel of land known as Chinga/Gikigie/1189 be shared equally between them. Each party to bear her own costs.
Dated and delivered this 31st day of March 2010.
J.K. SERGON
JUDGE
In open court in the presence of Miss Keli h/b Wahome for the Petitioner and Mr. Ng’ang’a for the Protestors.
J.K. SERGON
JUDGE