[2024] KEHC 13713 (KLR)
The court found that there was consensus between the parties on the mode of distribution for certain estate assets, namely shares at Cosmopolitan Sacco, Teachers Sacco, savings at NSSF, pension, and the Molo farm. The court confirmed distribution of these assets as proposed. However, for plots 1456 and 1457,...
Source-derived case information.
- Citation
- [2024] KEHC 13713 (KLR)
- Parties
- Applicant: Mwaura James Murithi; Respondent: Lucy Wambui Mwaura
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 164 of 2010
- Procedural Posture
- Succession Cause / Ruling on Partial Confirmation of Grant
- Outcome
- partial confirmation of grant allowed
- Judges
- HM Nyaga
- Legal Topics
- Succession, Estate Distribution, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwaura James Murithi
Applicant
Lucy Wambui Mwaura
Respondent
Procedural Posture
Succession Cause / Ruling on Partial Confirmation of Grant
Legal Issues
- 1 Whether the court should confirm the proposed mode of distribution for the identified estate assets.
- 2 Whether the court can confirm distribution of properties whose ownership or existence is disputed or unascertained.
- 3 Whether partial confirmation of grant is appropriate in the circumstances.
Ratio Decidendi
The court found that there was consensus between the parties on the mode of distribution for certain estate assets, namely shares at Cosmopolitan Sacco, Teachers Sacco, savings at NSSF, pension, and the Molo farm. The court confirmed distribution of these assets as proposed. However, for plots 1456 and 1457, Elburgon, and shares at Equity Bank Ltd and Safaricom Ltd, the court noted that ownership or existence had not been established due to lack of evidence or documentation. The court held that it could not confirm distribution of these assets until their status was ascertained. Consequently, the court allowed partial confirmation of the grant for the agreed assets and granted liberty to...
Court Disposition
partial confirmation of grant allowed
Orders
- The proposed mode of distribution for shares at Cosmopolitan Sacco, Teachers Sacco, savings at NSSF, pension, and Molo farm is confirmed.
- Distribution of plots 1456 and 1457, Elburgon, and shares at Equity Bank Ltd and Safaricom Ltd is deferred pending ascertainment of ownership or existence.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of Benard Mwaura Kariuki (Succession Cause 164 of 2010) [2024] KEHC 13713 (KLR) (5 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13713 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 164 of 2010
HM Nyaga, J
November 5, 2024
IN THE MATTER OF ESTATE OF BENARD MWAURA KARIUKI
Between
Mwaura James Murithi
Applicant
and
Lucy Wambui Mwaura
Objector
Ruling
1. On 20/9/2023, I had delivered a ruling in which I had asked the parties to try and come to an agreement on how to distribute the estate herein.
2. The Co-Petitioner/Applicant filed a proposed mode of distribution on 24. 11. 2023, for which the Co-administrator responded.
3. It is apparent that there is agreement on the mode of distribution and the following properties: -a.Shares held at Cosmopolitan Sacco.b.Shares held at Teachers Saccoc.Savings at NSSFd.Pension (unspecified)e.Molo farm (Details not provided)
4. I therefore, order that the above property be distributed as proposed.
5. As regards plot no. 1456 and plot No. 1457, Elburgon, it was averred by Lucy Wambui, the Co-Administrator that the same were repossessed by the Council and are no longer available for distribution. No evidence was tendered to place the court in a better position to make an informed decision. In the circumstances, it is difficult to confirm the said property. Once the parties have established ownership they can come back to court.
6. For shares held at Equity Bank Ltd and Safaricom Ltd, I believe that there is also need to ascertain ownership since there was no documentation provided. However, there are only 2 scenarios there are shares or there aren’t. The parties can move to ascertain their existence and if they exist then they will be sold and shared equally among all the beneficiaries.
7. In conclusion, I allow partial confirmation of the grant for the aforesaid property.
8. The parties are at liberty to move the court once full details of the remaining property are obtained.Orders accordingly.
DATED, SIGNED AND DELIVERED VIRTUALLY AT MERU THIS 5THDAY OF NOV 2024. H. M. NYAGAJUDGE