[2018] KEHC 3889 (KLR)
The court found that, following the death of the original administrator Paulina Karamana, Stephen Mwiti was a suitable substitute as administrator since he was a beneficiary and no objection was raised. The court further determined that the proposed distribution of the estate, as agreed by all beneficiaries, was...
Source-derived case information.
- Citation
- [2018] KEHC 3889 (KLR)
- Parties
- Applicant: Paulina Karamana; Respondent: Stephen Mwiti; Respondent: Sabina Nkirote; Respondent: John Gikundi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 465 of 2004
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- application for substitution and confirmation of grant allowed; estate distributed as per beneficiaries' agreement.
- Judges
- A Mabeya
- Legal Topics
- Succession, Intestate Administration, Distribution of Estate, Appointment of Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paulina Karamana
Applicant
Stephen Mwiti
Respondent
Sabina Nkirote
Respondent
John Gikundi
Respondent
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Who should be appointed as the administrator of the deceased's estate following the death of the original administrator.
- 2 What is the appropriate mode of distribution of the deceased's estate among the beneficiaries.
Ratio Decidendi
The court found that, following the death of the original administrator Paulina Karamana, Stephen Mwiti was a suitable substitute as administrator since he was a beneficiary and no objection was raised. The court further determined that the proposed distribution of the estate, as agreed by all beneficiaries, was fair and in accordance with the law. The court therefore appointed Stephen Mwiti as administrator and ordered the estate to be distributed as per the consensus: Plot No. 1237 to Sabina Nkirote, Plot No. 1238 to John Gikundi and Stephen Mwiti in equal shares, Plot No. 1235 to Frida Kiende and Douglas Muriuki in equal shares, and Plot No. 51 to Sarafina Kirema. The court's decision...
Court Disposition
application for substitution and confirmation of grant allowed; estate distributed as per beneficiaries' agreement.
Orders
- Stephen Mwiti is appointed administrator of the estate of Cypriano M’Ringera M’Anyoni in place of Paulina Karamana.
- LAND PARCEL NO. NYAKI/GIAKI/1237 is to be registered wholly in the name of Sabina Nkirote.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
SUCCESSION CAUSE NO. 465 OF 2004
IN THE MATTER OF THE ESTATE OF CYPRIANO
M’RINGERA M’ANYONI (DECEASED)
STEPHEN MWITI...................................PETITIONER
JUDGMENT
1. This succession cause relates to the estate of Cypriano M’Ringera M’Anyoni (deceased). The deceased was survived by the following dependants/beneficiaries:-
a) Paulina Karamana - widow
b) Sabina Nkirote - daughter in law
c) John Gikundi - son
d) Stephen Mwiti - son.
2. On 12th October, 2004, Paulina Karamana (“the petitioner”) petitioned for grant of Letters of Administration intestate which were issued to her on 3rd February, 2005.
3. Vide Summons for Confirmation of Grant filed in court on 6th December, 2011, the Petitioner sought to distribute the estate of the the deceased as follows:-
a) LAND PARCEL NO. NYAKI/NKABUNE/51
b) LAND PARECEL NO. NYAKI/GIAKI/1237
c) LAND PARCEL NO. NYAKI/GIAKI/1238
d) LAND PARCEL NO. NYAKI/GIAKI/1235
ALL TO BE REGISTERED IN THE NAME OF THE PETITIONER PAULINA KARAMANA
4. On 4th October, 2017, one of the beneficiaries, and son to the deceased, Stephen Mwiti intimated to court that the Petitioner had since died in the year 2015. The court directed the said beneficiary do apply to be substituted as Administrator and to file for Confirmation within 45 days.
5. Despite as aforesaid, Stephen Mwiti failed to file the requisite application but appeared in court on 12th June, 2018 for the hearing of the application for confirmation and testified on oath. He told the court that he wished to be substituted as the petitioner and administrator of the estate as the original administrator had since died.
6. He further testified that Sabina Nkirote, a wife to his deceased brother had been given Plot No. 1237;that he and the other beneficiary John Gikundi had constructed in Plot No. 1238 and wished to continue occupying the same. That Plot No. 1235 was not occupied. With regard to Plot No. 51, he stated that the same had been given to Sarafina Kirema a son of his father’s brother and that the beneficiaries had no problem with him continuing to use it.
7. Stephen further told the court that their late sister had been buried in Plot No. 1238 and that she had left behind Frida Kiende and Douglas Muriuki. None of the beneficiaries were opposed to the proposed mode of distribution by Stephen Mwiti.
8. I have considered the entire record. The beneficiaries are all in agreement as to the distribution of the estate as proposed by Stephen Mwiti.In this regard I order as follows:-
a) Stephen Mwiti be and is hereby appointed the administrator of the estate of the deceased in the place of Paulina Karamana.
b) The estate of the deceased shall be distributed as follows:
i) LAND PARCEL NO. NYAKI/GIAKI/1237 - wholly to Sabina Nkirote;
ii) LAND PARCEL NO. NYAKI/GIAKI/1238 - to John Gikundi and Stephen Mwiti in equal shares;
iii)LAND PARCEL NO. NYAKI/GIAKI/1235 - to Frida Kiende and Douglas Muriuki in equal shares; and
iv) LAND PARCEL NO. NYAKI/NKABUNE/51 - wholly to Sarafina Kirema
DATEDand DELIVEREDat Meru this 20th day of September, 2018.
A. MABEYA
JUDGE