[2021] KEHC 9600 (KLR)
The court held that the estate of the late Chrispin Munjal Ndege, who died intestate and was in a polygamous union, must be distributed in accordance with section 40 of the Law of Succession Act. This requires the estate to be divided into units based on the number of children in each house, with each surviving wife...
Source-derived case information.
- Citation
- [2021] KEHC 9600 (KLR)
- Parties
- Applicant: Rosemary Aoko Munjal; Respondent: Noel Namenya Munjal
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 4 of 2008
- Procedural Posture
- Probate and Administration / Ruling on Mode of Distribution of Estate
- Outcome
- Directions issued for proposed distribution; grant subject to revocation if not complied with.
- Judges
- KW Kiarie
- Legal Topics
- Succession, Intestate Estate, Polygamous Union, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rosemary Aoko Munjal
Applicant
Noel Namenya Munjal
Respondent
Procedural Posture
Probate and Administration / Ruling on Mode of Distribution of Estate
Legal Issues
- 1 Whether the estate of the deceased should be distributed according to section 40 of the Law of Succession Act due to the polygamous nature of the union.
- 2 How to account for any benefits given to beneficiaries during the deceased's lifetime under section 42 of the Law of Succession Act.
- 3 What is the appropriate mode of distribution among the two widows and four children.
Ratio Decidendi
The court held that the estate of the late Chrispin Munjal Ndege, who died intestate and was in a polygamous union, must be distributed in accordance with section 40 of the Law of Succession Act. This requires the estate to be divided into units based on the number of children in each house, with each surviving wife counted as an additional unit. In this case, there are six units: four children and two wives. The court further directed that any benefits previously given to any beneficiary during the deceased's lifetime must be factored into the distribution, as required by section 42 of the Act. The petitioners were ordered to file a proposed distribution within 30 days, failing which the...
Court Disposition
Directions issued for proposed distribution; grant subject to revocation if not complied with.
Orders
- Petitioners to file proposed distribution within 30 days in accordance with section 40 and section 42 of the Law of Succession Act.
- Failure to file proposed distribution within 30 days will result in automatic revocation of the grant.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE HIGH COURT OF KENYA
AT BUSIA
PROBATE & ADMINSTRATION NO. 4 OF 2008
IN THE ESTATE OF:
CHRISPIN MUNJAL NDEGE........................................................................................DECEASED
BETWEEN
ROSEMARY AOKO MUNJAL............................................................................1ST PETITIONER
AND
NOEL NAMENYA MUNJAL...............................................................................2ND PETITIONER
RULING
1. Rosemary Aoko Munjal the 1st petitioner herein and Noel Namenya Munjal the 2nd petitioner herein are widows of the late Chrispin Munjal Ndege. They have disagreed on the mode of distribution of the estate.
2. The deceased herein died intestate. This was a polygamous union. He was survived by the two widows and four children. The first petitioner and the deceased had four children while the 2nd petitioner did not have any child.
3. Section 40 of the Law of Succession Act will be applicable in this succession cause for the deceased was polygamous. It provides:
(1) Where an intestate has married more than once under any system of law permitting polygamy, his personal and household effects and the residue of the net intestate estate shall, in the first instance, be divided among the houses according to the number of children in each house, but also adding any wife surviving him as an additional unit to the number of children.
(2) The distribution of the personal and household effects and the residue of the net intestate estate within each house shall then be in accordance with the rules set out in sections 35 to 38.
4. In this case, there shall be six units. The distribution shall factor any benefit the deceased had given to any beneficiary during his lifetime as envisaged under section 42 of the Law of Succession Act which provides as follows:
Where—
(a) an intestate has, during his lifetime or by will, paid, given or settled any property to or for the benefit of a child, grandchild or house; or
(b) property has been appointed or awarded to any child or grandchild under the provisions of section 26 or section 35 of this Act, that property shall be taken into account in determining the share of the net intestate estate finally accruing to the child, grandchild or house.
5. The petitioners are given 30 days within which to file proposed distribution in line with the above orders. Failure to do so, then the grant to her shall automatically be revoked.
6. Each party shall bear own costs.
DELIVERED and SIGNED at BUSIA this27thday of January, 2021
KIARIE WAWERU KIARIE
JUDGE