[2017] KEHC 6176 (KLR)
The court found that the deceased died intestate and was survived by adult children and grandchildren of a predeceased son. The administrator's proposal for distribution was largely accepted by all beneficiaries except the protestor, who filed a counter-proposal. After hearing both parties and considering their...
Source-derived case information.
- Citation
- [2017] KEHC 6176 (KLR)
- Parties
- Applicant: Francis Kamau Mwangi; Respondent: Eunice Njeri Mwangi
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 265 of 2013
- Procedural Posture
- Succession Cause / Judgment on Confirmation of Grant and Protest
- Outcome
- Grant confirmed; estate distributed as per judgment; each party to bear own costs.
- Judges
- DW Mbuteti
- Legal Topics
- Intestate Succession, Distribution of Estate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Kamau Mwangi
Applicant
Eunice Njeri Mwangi
Respondent
Procedural Posture
Succession Cause / Judgment on Confirmation of Grant and Protest
Legal Issues
- 1 Whether the proposed distribution of the deceased's estate by the administrator is fair and in accordance with the law of intestate succession.
- 2 Whether the protestor's counter-proposal for distribution should be adopted.
- 3 How the estate should be distributed among the surviving beneficiaries, including the children of predeceased sons.
Ratio Decidendi
The court found that the deceased died intestate and was survived by adult children and grandchildren of a predeceased son. The administrator's proposal for distribution was largely accepted by all beneficiaries except the protestor, who filed a counter-proposal. After hearing both parties and considering their submissions, the court noted that consensus had been reached during the hearing that the main land parcel (LR LOC 7/ICHAGAKI/3044) and the shares in Barclays Bank and East African Breweries should be shared equally among the administrator, the protestor, and the children of the predeceased son (represented by Joseph Kamau Mirii). The other land parcel (LR LOC 7/ICHAGAKI/3545) was...
Court Disposition
Grant confirmed; estate distributed as per judgment; each party to bear own costs.
Orders
- LR LOC 7/ICHAGAKI/3545 to be held jointly by Esther Waitherero Mburu, Esther Wambui Njogu, Lucy Njoki Mwangi, Jane Wanjiru Mwangi, and Alice Wanjiku Gitau in equal shares.
- LR LOC 7/ICHAGAKI/3044 to be shared equally among Francis Kamau Mwangi, Eunice Njeri Mwangi, and Joseph Kamau Mirii (in trust for himself and all his siblings).
Full Case Text
Judgment text and source record
53 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
SUCCESSION CAUSE NO 265 OF 2013
IN THE MATTER OF THE ESTATE OF ELIZABETH THUNGURI MWANGI, DECEASED
FRANCIS KAMAU MWANGI............ADMINISTRATOR
VERSUS
EUNICE NJERI MWANGI..........................PROTESTOR
J U D G M E N T
1. A grant of letters of administration intestate in this cause was on 14/12/2013 made to Francis Kamau Mwangi (hereinafter called the Administrator) and issued on 17/12/2013. He subsequently applied by summons dated 17/07/2014 for confirmation of that grant. At paragraph 7 of the supporting affidavit he set out his proposals for distribution of the Deceased’s estate. Those proposals were agreeable to all the Deceased’s beneficiaries except one, Eunice Njeri Mwangi (hereinafter called the Protestor) who filed an affidavit of protest on 20/01/2015. At paragraph 4 of that affidavit the Protestor counter-proposed distribution.
2. The court in due course directed that the protested summons for confirmation of grant be heard by way of oral evidence. That hearing took place on 05/04/2017. Both the Administrator and the Protestor testified. None of them called any witness.
3. I have considered those testimonies. I have also given due consideration to the submissions made by the learned counsel for the Administrator and those of the Protestor who was unrepresented.
4. The following facts are not in dispute –
(a) The Deceased Elizabeth Thunguri Mwangi died intestate on 02/01/2011.
(b) The Deceased was survived by the following children (all adults):
(i) The Administrator
(ii) Esther Waitherero Mburu
(iii) The Protestor
(iv) Esther Wambui Njogu
(v) Lucy Njoki Mwangi
(vi) Jane Wanjiru Mwangi
(vii) Alice Wanjiku Gitau
(c) The Deceased had another son, Samuel Mirii Mwangi, who died before the Deceased but was survived by some eight (8) children. His widow subsequently died.
(d) The Deceased had a third son, James Kamande Mwangi. He also died before the Deceased but was without spouse or issue.
(e) The Deceased’s estate comprises –
(i) LR LOC 7/ICHAGAKI/3044 (approximately 1. 6 acres)
(ii) LR LOC 7/ICHAGAKI/3545 (approximately 0. 5 acres)
(iii) Barclays Bank of Kenya Ltd shares in Account No 42096.
(iv) East African Breweries Limited shares in Account No 723150
(f) Five (5) of the surviving daughters of the Deceased (Esther Waitherero Mburu, Esther Wambui Njogu, Lucy Njoki Mwangi, Jane Wanjiru Mwangi and Alice Wanjiku Gitau) have agreed to take jointly LR LOC 7/ICHAGAKI/3545 and nothing else.
(g) That leaves the Administrator, the Protestor and the deceased son Samuel Mirii Mwangi who was survived by children (represented by his son Joseph Kamau Mirii).
Towards the end of the hearing there was consensus (in the submissions) that LR LOC 7/ICHAGAKI/3044 should be shared equally between these three.
(h) There was similar consensus that the Barclays Bank and East African Breweries shares should be similarly shared between the three.
5. In the circumstances I will confirm the grant and direct that the net estate of the Deceased shall be distributed as follows –
(a) LR LOC 7/ICHAGAKI/3545 shall go jointly to the following beneficiaries who shall have equal shares therein:
(i) Esther Waitherero Mburu
(ii) Esther Wambui Njogu
(iii) Lucy Njoki Mwangi
(iv) Jane Wanjiru Mwangi
(v) Alice Wanjiku Gitau
(b) LR LOC 7/ICHAGAKI/3044 shall be shared equally between -
(i) Francis Kamau Mwangi
(ii) Eunice Njeri Mwangi
(iii) Joseph Kamau Mirii (in trust for himself and all his siblings)
(c) The shares with Barclays Bank in Account No 42096 and the shares with East African Breweries in Account No 723150 shall also be shared equally between –
(i) Francis Kamau Mwangi
(ii) Eunice Njeri Mwangi
(iii) Joseph Kamau Mirii (in trust for himself and all his siblings).
That will be the judgment of the court.
6. Parties shall bear their own costs of these proceedings.
DATED AND SIGNED AT MURANG’A THIS 27TH DAY OF APRIL 2017
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 28TH DAY OF APRIL 2017