[2022] KEHC 11360 (KLR)
The court found that the objector, as a child of the deceased from a previous marriage, is entitled to a share of the estate. The objector's claim to Dagoretti/Riruta/3969 was unchallenged by affidavit, and he did not oppose the rest of the distribution. The court confirmed the grant on the basis that all parcels...
Source-derived case information.
- Citation
- [2022] KEHC 11360 (KLR)
- Parties
- Objector: Stephen Ruchunu Waweru; Petitioner: Catherine Wacura Waweru; Petitioner: Martin Kinuthia Waweru; Petitioner: Liz Njeri Waweru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1188 of 2012
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- Amended summons allowed; grant confirmed as per the court's distribution.
- Judges
- AO Muchelule
- Legal Topics
- Intestate Succession, Distribution of Estate, Beneficiary Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Ruchunu Waweru
Objector
Catherine Wacura Waweru
Petitioner
Martin Kinuthia Waweru
Petitioner
Liz Njeri Waweru
Petitioner
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Whether the objector, as a child of the deceased from a previous marriage, is entitled to a share of the estate.
- 2 How the estate of the deceased should be distributed among the beneficiaries.
Ratio Decidendi
The court found that the objector, as a child of the deceased from a previous marriage, is entitled to a share of the estate. The objector's claim to Dagoretti/Riruta/3969 was unchallenged by affidavit, and he did not oppose the rest of the distribution. The court confirmed the grant on the basis that all parcels except Dagoretti/Riruta/3969 would go to the 1st petitioner, while Dagoretti/Riruta/3969 would be shared equally between the 1st petitioner and the objector. This distribution reflects both the legal entitlement of the objector as a beneficiary and the practical realities of occupation and consent among the parties.
Court Disposition
Amended summons allowed; grant confirmed as per the court's distribution.
Orders
- Parcels Dagoretti/Riruta/3968, 3973, 5369, and 5372 and vehicle KAD 117T shall be inherited by Catherine Wacura Waweru.
- Catherine Wacura Waweru and Stephen Ruchunu Waweru shall equally share Dagoretti/Riruta/3969.
Full Case Text
Judgment text and source record
27 paragraphs
In re Estate of Francis Waweru Nganga (Deceased) (Succession Cause 1188 of 2012) [2022] KEHC 11360 (KLR) (Family) (24 May 2022) (Judgment)
Neutral citation: [2022] KEHC 11360 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 1188 of 2012
AO Muchelule, J
May 24, 2022
IN THE MATTER OF THE ESTATE OF FRANCIS WAWERU NGANGA (DECEASED)
Between
Stephen Ruchunu Waweru
Objector
and
Catherine Waweru
1st Petitioner
Martin Waweru
2nd Petitioner
Liz Waweru
3rd Petitioner
Judgment
1. The deceased Francis Waweru J. Nganga died intestate on March 18, 2012. He left the following properties:-a.Dagoretti/Riruta/3969 – 0. 08 Ha;b.Dagoretti/Riruta/5369 – 0. 995 Ha;c.Dagoretti/Rirutat/3973 – 0. 70 Ha;d.Dagoretti/Riruta/5372 – 0. 102 Ha;e.Dagoretti/Riruta/3968; andf.Vehicle KAD 117T.He left behind a widow, Catherine Wacura Waweru (1st petitioner) and the following children:-a.Martin Kinuthia Waweru (2nd petitioner);b.Nancy Njoki Waweru;c.Susan Kamiri Waweru;d.Liz Njeri Waweru (3rd petitioner);e.Charity Wambui Waweru; andf.Joshua Nganga Waweru.
2. Before he married the 1st petitioner, he had married one Nelly Nduta and they had got a child, Stephen Ruchunu Waweru (objector). He separated from Nelly Nduta and was left with the child.
3. Without making reference to the objector, the petitioners applied for the grant of letters of administration. They obtained the grant on October 2, 2012. It was after the objector complained to the court that they included him as a beneficiary.
4. What is before the court is an amended application dated November 10, 2020 for the confirmation of the grant. In the proposal consented to by the petitioners and the other children of the 1st petitioner, all the property was to go to the 1st petitioner except for Dagoretti/Riruta/5369 which she was to share equally with the objector. The objector protested saying that he has always lived with his family on Dagoretti/Riruta/3969 and that is the portion he wants to share equally with the 1st petitioner. There was no further affidavit to challenge his averment. The objector does not oppose the rest of the distribution; that the rest of the property goes to the 1st petitioner.
5. I will allow the amended summons and confirm the grant issued to the petitioners on the basis that:-a.parcels Dagoretti/Riruta/3968, 3973, 5369 and 5372; and vehicle KAD 117T shall be inherited by Catherine Wacura Waweru; andb.Catherine Wacura Waweru and Stephen Ruchunu Waweru shall equally share Dagoretti/Riruta/3669.
6. Each party shall bear own costs.
DATED AND DELIVERED AT NAIROBI THIS 24THDAY OF MAY, 2022. A.O. MUCHELULEJUDGE