[2015] KEHC 7110 (KLR)
The court found that the application was improperly brought under section 26 of the Law of Succession Act, as the issue at hand was not about reasonable provision for a dependant but rather a dispute over the mode of distribution of the estate. The proper procedure is for the co-administrators to file for...
Source-derived case information.
- Citation
- [2015] KEHC 7110 (KLR)
- Parties
- Applicant: Geoffrey Kinuthia Njoroge; Applicant: Moses Ngugi Njoroge; Respondent: Florence Wangechi Njoroge
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 3095 of 2013
- Procedural Posture
- Succession Cause / Ruling on Summons for Reasonable Provision and Mode of Distribution
- Outcome
- Application under section 26 dismissed; parties directed to file for confirmation of grant with agreed or separate proposals for distribution.
- Judges
- LA Achode
- Legal Topics
- Succession, Reasonable Provision, Mode of Distribution, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Geoffrey Kinuthia Njoroge
Applicant
Moses Ngugi Njoroge
Applicant
Florence Wangechi Njoroge
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Reasonable Provision and Mode of Distribution
Legal Issues
- 1 Whether the application for reasonable provision under section 26 of the Law of Succession Act was properly brought.
- 2 Whether the proposed mode of distribution reflects the wishes of the deceased and the needs of the dependants.
- 3 What is the appropriate procedure for resolving disputes over the mode of distribution of the estate.
Ratio Decidendi
The court found that the application was improperly brought under section 26 of the Law of Succession Act, as the issue at hand was not about reasonable provision for a dependant but rather a dispute over the mode of distribution of the estate. The proper procedure is for the co-administrators to file for confirmation of grant with an agreed proposal for distribution, or, failing agreement, to file separate proposals for the court's determination. The court thus directed the parties to proceed accordingly, emphasizing adherence to the statutory process for confirmation and distribution of the estate.
Court Disposition
Application under section 26 dismissed; parties directed to file for confirmation of grant with agreed or separate proposals for distribution.
Orders
- The two co-administrators are to file for confirmation of grant in the High Court with an agreed proposal to the mode of distribution.
- If no agreement is reached, each administrator is to file separate proposals for the distribution of the estate.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
PROBATE AND ADMINISTRATION DIVISION
SUCCESSION CAUSE NO. 3095 OF 2013
IN THE MATTER OF THE ESTATE OF MARY NJOKI NJOROGE (DECEASED)
GEOFFREY KINUTHIA NJOROGE ……...….1ST OBJECTOR/APPLICANT
MOSES NGUGI NJOROGE ………………..2ND OBJECTOR/APPLICANT
VERSUS
FLORENCE WANGECI NJOROGE …………………………RESPONDENT
R U L I N G
A grant of Letters of Administration intestate to the Estate of Mary Njoki Njoroge who died on 1st March 2013 was issued to Geoffrey Kinuthia Njoroge and his sister Florence Wangechi Njoroge on 14th March 2013 and has not been confirmed. On 17th July 2014 Geoffrey Kinuthia Njoroge and Moses Ngugi Njoroge filed Summons under section 26 of the law of Succession, seeking orders that reasonable provision be made for the second beneficiary, a dependant of the deceased, out of the net estate in accordance with a proposed mode of distribution that they provided.
The summons is grounded on allegations that the mode of distribution proposed by his co-administrator does not reflect the wishes of the deceased, who had specifically distributed the Estate before her death. He also states that the sustenance of the second Applicant is dependant on the Estate of the deceased.
In the supporting affidavit sworn by the first Applicant on 16th July 2014, it is deponed that while she was alive the deceased distributed her property known as L.R. No. Karai/Karai 607. The Applicant deponed that the two witnesses of such distribution are one T. Kiarie and Joseph Kinuthia Njoroge their half-brothers, who were present when their late mother divided and distributed her land.
The Applicant states that his brother’s current and future needs can only be met vide his use of the land constituting his late mother’s Estate as opposed to their sisters who have leased out one acre of the land and cultivate one acre for extra income while they have alternative abodes and engagements. He asserts that these sisters, other than Florence Wangechi Njoroge, have other income and their circumstance in life are not such as to cause them to depend upon their late mother’s Estate.
Strictly speaking this is not an application that should have been brought under Section 26 of the law of Succession. This should have been filed as the alternative proposal to the mode of distribution filed by the Co-Administrator.
In the premise I order the two Co-Administrators to file for confirmation of grant in the High Court with an agreed proposal to the mode of distribution, failure to which each Administrator to file separate proposals for the distribution of the Estate.
SIGNED DATEDandDELIVEREDin open court this 11th day of
March 2015.
…………………………………….
L. A. ACHODE
JUDGE