[2018] KEHC 3354 (KLR)
The court found that the estate should be distributed equally among the three surviving children of the deceased, as there was no lawful justification for the applicant's proposal to allocate herself a larger share. The court rejected the protester's argument for distribution to grandchildren, holding that the law...
Source-derived case information.
- Citation
- [2018] KEHC 3354 (KLR)
- Parties
- Applicant: Tarsila Mukogaiti; Respondent: Leonard Kamenchu; Respondent: Sabina Mbura
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 279 of 2012
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant and Distribution of Estate
- Outcome
- Application for confirmation of grant allowed in part; estate to be distributed equally among the three surviving children.
- Legal Topics
- Succession, Distribution of Estate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tarsila Mukogaiti
Applicant
Leonard Kamenchu
Respondent
Sabina Mbura
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Distribution of Estate
Legal Issues
- 1 Whether the proposed mode of distribution of the deceased's estate is lawful and equitable among the surviving children.
- 2 Whether grandchildren are entitled to direct shares in the estate in preference to the deceased's children.
- 3 Whether the court should confirm the grant as proposed or order equal distribution among the surviving children.
Ratio Decidendi
The court found that the estate should be distributed equally among the three surviving children of the deceased, as there was no lawful justification for the applicant's proposal to allocate herself a larger share. The court rejected the protester's argument for distribution to grandchildren, holding that the law provides for distribution among the deceased's children in the absence of a will or special circumstances. The court emphasized the principle of equality before the law and ordered that the estate be divided equally among Tarsila Mukogaiti, Sabina Mbura, and Leonard Kamenchu.
Court Disposition
Application for confirmation of grant allowed in part; estate to be distributed equally among the three surviving children.
Orders
- The estate of Ciomberia M'Atheru shall be distributed equally among Tarsila Mukogaiti, Sabina Mbura, and Leonard Kamenchu.
- A certificate of confirmation of grant shall issue accordingly.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 279 OF 2012
IN THE MATTER OF ESTATE OF CIOMBERIA M’ATHERU - (DECEASED)
TARSILA MUKOGAITI ........................................ 1ST PETITIONER
LEONARD KAMENCHU ................................... .2ND PETITIONER
RULING
Application dated 30th March 2016 seeks that Letters of Administration made to Tarsila Mukogaita Gichuru and Leonard Kamenchu M’Atheru on 5th January 2016 be confirmed.
The application is supported by affidavit of Tarsila Mukogaita Gichuru sworn on 30th March 2016 in which it is proposed that L.R. No. Ngusishi Settlement Scheme/124 be distributed as follows:-
i. 1 acre to Sabina Mbura
ii. 3 acres to Tarsila Mukogaita
iii. 1 acre to Leonard Kamenchu
Leonard Kamenchu on the other hand filed affidavit in protest of Tarsilas proposed mode of distribution and averred that L.R.Ngusishi Settlement Scheme/124 had been subdivided in 2005 by the deceased into 5 equal portions of one acre each and transferred to
· Leonard Kamenchu
· Moses Gakuta
· Basilio Guantai
· Michael Kobia
· George Thuranira
He said transfer was not affected because land had not been discharged by settlement Fund Trustees. He said the beneficiaries of the portions took occupation in 2007 and have build home. He said the deceased was categorical that the 1st petitioner was to occupy parcel given to her son George Thuranira.
From the Letter written by the District Commissioner Buuri District dated7th May 2012 the deceased had the following surviving him
i. Kalatu M’Ibuuri – Deceased
ii. Sabina Mburia M’Gere – Daughter
iii. Leonard Kamencu – son
iv. Tarsila Mukogaiti – daughter
Ciorimberia M’Athiru died on 30th September 2009 aged 98 years. Any of the 3 surviving children of the deceased had equal right to petition for Letters of Administration to the estate. Sabina Mbura Ibere by an affidavit sworn on 15th May 2012 supported 1st petitioner proposal on mode of distribution.
The estate herein is supposed to be distributed amongst the children of the deceased and not grandchildren the way the protest has proposed. The 1st petitioner Tarsila Mukogaita has not explained why she should get 3 acres as opposed to her sister Sabina Mbura and his brother Leonard Kamenchu who are supposed to get one acre each.
Inconsideration that the law should not have preferential treatment to different people and that everyone is equal before the law this court hereby order that the estate shall be distributed amongst the 3 surviving beneficiaries equally and a certificate of confirmation to issue to that effect.
HON. A.ONG’INJO
JUDGE
RULING, DELIVERED, DATED AND SIGNED IN COURT IN
26TH JULY 2018.
In the presence of:
C/A: Penina
Petitioner: Mr Igweta Advocate for 1st Petitioner
Protester: Mr Gatari Advocate for 2nd Petitioner/Protester – N/A
Parties present in person.
HON. A.ONG’INJO
JUDGE