[2018] KEHC 9907 (KLR)
The court found that there was insufficient basis to redistribute Sixtus Ndungu Maina's share of the estate to other beneficiaries solely on the grounds of his failure to collect it or appear in court. The court emphasized the need for further inquiry, particularly by summoning the Chief of Makima Location to...
Source-derived case information.
- Citation
- [2018] KEHC 9907 (KLR)
- Parties
- Applicant: Administrator (unnamed); Respondent: Sixtus Ndungu Maina; Respondent: Estate of Francis Irungu Maina (Deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2611 of 2013
- Procedural Posture
- Succession Cause / Ruling on Summons to Redistribute Share of Absentee Beneficiary
- Outcome
- No final orders made; further inquiry ordered.
- Judges
- A Ali-Aroni
- Legal Topics
- Intestate Succession, Distribution of Estate, Grant Confirmation, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Administrator (unnamed)
Applicant
Sixtus Ndungu Maina
Respondent
Estate of Francis Irungu Maina (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons to Redistribute Share of Absentee Beneficiary
Legal Issues
- 1 Whether the share of the estate allocated to Sixtus Ndungu Maina should be redistributed among other beneficiaries due to his failure to collect it.
- 2 Whether sufficient efforts have been made to notify Sixtus and secure his participation in the proceedings.
Ratio Decidendi
The court found that there was insufficient basis to redistribute Sixtus Ndungu Maina's share of the estate to other beneficiaries solely on the grounds of his failure to collect it or appear in court. The court emphasized the need for further inquiry, particularly by summoning the Chief of Makima Location to provide more information regarding Sixtus's whereabouts and intentions. The court held that the principles of natural justice and the rights of beneficiaries under the Law of Succession Act require that no final orders be made affecting a beneficiary's share without exhaustive efforts to ascertain their position and without affording them an opportunity to be heard.
Court Disposition
No final orders made; further inquiry ordered.
Orders
- The Chief of Makima Location, Mbeere South, is summoned to appear in court on a date to be fixed to provide further information regarding Sixtus Ndungu Maina.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
SUCCESSION CAUSE NO. 2611 OF 2013
IN THE MATTER OF THE ESTATE OF FRANCIS IRUNGU MAINA (DECEASED)
R U L I N G
1. The deceased herein died intestate on the 20th of March 2012. He left behind nine of his siblings both his parents and wife predeceased him. His siblings save for one Sixtus Ndungu Maina agreed on how to administer his estate and to share the same.
2. The estate was shared out and a confirmed grant issued accordingly.
3. By a summons dated 8th February 2018, the administrator moved the court seeking to have funds that had been allocated to Sixtus be shared among the other beneficiaries since Sixtus did not seem keen to collect the same.
4. Efforts to get Sixtus to court were futile even when the court attempted to get service of summons to appear served through the area chief. Sixtus is said to be married and has children. It is rather unusual that he would not take his share of the property distributed to him. And further refuse to attend court to explain his displeasure. Apart from the money a plot was given to him though nothing much has been said about it.
5. I am not convinced that the money and/ or any of the other properties listed as share of Sixtus from his brother’s estate should be shared out as proposed.
6. And before making any final orders I summon the Chief of Makima Location, Mbeere South to appear in court on a date to be fixed as he may shade more light on this matter to enable the court determine the application with finality..
DatedandDeliveredinNairobithis 20th day of December 2018
ALI-ARONI
JUDGE