[2014] KEHC 3935 (KLR)
The court determined that the estate of Ng'ang'a Njoroge Njuguna, specifically LR. No. Kiambu/Ngoliba 'A'/71, should be distributed in accordance with Section 38 of the Law of Succession Act, which mandates equal distribution among the children of the deceased. Since one daughter, Mumbi, renounced her right and...
Source-derived case information.
- Citation
- [2014] KEHC 3935 (KLR)
- Parties
- Applicant: Hannah Wangui Miruru; Applicant: Agnes Wanjiru Kinyanjui; Applicant: Mary Njoki Gitau; Respondent: Margaret Njoki Njoroge
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1016 of 1993
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- Estate distributed; leave to appeal granted.
- Judges
- LK Kimaru
- Legal Topics
- Succession of Estates, Distribution of Land, Inheritance Rights, Renunciation of Inheritance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hannah Wangui Miruru
Applicant
Agnes Wanjiru Kinyanjui
Applicant
Mary Njoki Gitau
Applicant
Margaret Njoki Njoroge
Respondent
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 How should the estate of Ng'ang'a Njoroge Njuguna, specifically LR. No. Kiambu/Ngoliba 'A'/71, be distributed among his surviving heirs under the Law of Succession Act?
- 2 Are the granddaughters of the deceased entitled to inherit their late mother's share of the estate?
- 3 Does long-term occupation of the land by the granddaughters affect their entitlement?
Ratio Decidendi
The court determined that the estate of Ng'ang'a Njoroge Njuguna, specifically LR. No. Kiambu/Ngoliba 'A'/71, should be distributed in accordance with Section 38 of the Law of Succession Act, which mandates equal distribution among the children of the deceased. Since one daughter, Mumbi, renounced her right and another, Wachuka, is deceased, Wachuka's share devolves upon her four daughters (the applicants). The court also considered, under Section 28, that the applicants have resided on the land since the deceased was alive, reinforcing their entitlement. Consequently, the land is to be divided as follows: Margaret Njoki Njoroge receives 2 acres, and the daughters of Wachuka (the...
Court Disposition
Estate distributed; leave to appeal granted.
Orders
- LR. No. Kiambu/Ngoliba 'A'/71 shall be distributed as follows: Margaret Njoki Njoroge – 2 acres; the daughters of Wachuka (the applicants) – 3 acres.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUPLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI SUCC. CAUSE NO.1016 OF 1993
IN THE MATTER OF THE ESTATE OF NG’ANG’A NJOROGE NJUGUNA (DECEASED)
HANNAH WANGUI MIRURU………………………………………………….1STAPPLICANT
AGNES WANJIRU KINYANJUI………………………………......…………..2NDAPPLICANT
MARY NJOKI GITAU……………………………………........………………3RDAPPLICANT
VERSUS
MARGARET NJOKI NJOROGE…………………………......………………..RESPONDENT
JUDGMENT
Ng’ang’a Njoroge Njuguna, the deceased to whose estate these proceedings relate left behind three (3) daughters surviving him. The three daughters are Margaret Njoki Njoroge, Mumbi and Wachuka. Margaret Njoki Njoroge is the Respondent (Protestor) in this case. Wachuka is deceased. She left behind four (4) daughters namely Florence Muthoni, Josephine Wambui Wachuka, Agnes Wanjiru Kinyanjui and Mary Njoki Gitau. The four are therefore granddaughters of the deceased. The deceased had one property, namely LR. No. Kiambu/Ngoliba”A”/71. A dispute has arisen between the Applicant and the Respondent in regard to the distribution of the above parcel of land. Both parties agree that the opposing party is entitled to a share of the land. However, each party proposed that the opposing party gets a smaller share of land.
Having evaluated the facts of this case, it was clear to this court that the said parcel of land shall be distributed in accordance to Section 38 of the Law of Succession Act. The land shall be inherited by the daughters of the deceased, in this case Margaret, Mumbi and Wachuka. Mumbi has renounced her right to inherit the land. Wachuka is dead. However, her portion shall be inherited by her four (4) daughters. This court has taken note that the children of Wachuka have lived on the land since the time the deceased was alive. That is a consideration that this court takes into account under Section 28 of the Law of Succession Act.
In the premises therefore, the parcel of land registered as LR. No. Kiambu/Ngoliba “A”/71 shall be distributed as follows:
Margaret Njoki Njoroge – 2 acres
The daughter of Wachuka (the applicants) – 3 acres
There shall be no orders as to costs.
DATED at NAIROBI this 2nd day of JULY, 2014.
L. KIMARU
JUDGE
Order: Leave to appeal granted to both parties.
L. KIMARU
JUDGE