[2020] KEHC 9880 (KLR)
The court determined that the remainder of the deceased's estate, amounting to Kshs.882,892.30, should be distributed equally among the two widows and four children, after refunding the respondent for the hospital bill she paid and deducting the amount previously received by the applicant from her and her children's...
Source-derived case information.
- Citation
- [2020] KEHC 9880 (KLR)
- Parties
- Applicant: Esther Warukira Minjire Alias Esther Warukira Kiragu; Respondent: Franciah Njoki Mwangi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 573 of 2003
- Procedural Posture
- Succession Cause / Ruling on Distribution of Estate
- Outcome
- Estate distributed with specific deductions and refunds as directed.
- Judges
- A Ali-Aroni
- Legal Topics
- Succession, Estate Distribution, Public Trustee, Widows and Children Shares
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Warukira Minjire Alias Esther Warukira Kiragu
Applicant
Franciah Njoki Mwangi
Respondent
Procedural Posture
Succession Cause / Ruling on Distribution of Estate
Legal Issues
- 1 How should the remainder of the deceased's estate be distributed among the beneficiaries.
- 2 Whether the sums previously received by the applicant and the hospital bill paid by the respondent should be accounted for in the distribution.
Ratio Decidendi
The court determined that the remainder of the deceased's estate, amounting to Kshs.882,892.30, should be distributed equally among the two widows and four children, after refunding the respondent for the hospital bill she paid and deducting the amount previously received by the applicant from her and her children's shares. The court emphasized the need for equitable distribution and proper accounting for all sums previously received or expended on behalf of the estate.
Court Disposition
Estate distributed with specific deductions and refunds as directed.
Orders
- The Public Trustee shall distribute Kshs.882,892.30, being the remainder of the estate, to the two widows and four children of the deceased in equal shares.
- Refund Kshs.95,832 to the respondent Franciah Njoki Mwangi for the hospital bill paid on account of the deceased before distribution.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
SUCCESSION CAUSE NO. 573 OF 2003
IN THE ESTATE OF GERALD KIRAGU GATHERU (DECEASED)
ESTHER WARUKIRA MINJIRE Alias
ESTHER WARUKIRA KIRAGU ....................................................APPLICANT
VERSUS
FRANCIAH NJOKI MWANGI...................................................RESPONDENT
R U L I N G
1. This ruling is in furtherance of an earlier ruling that was delivered on the 22nd of November, 2018.
2. The Applicant and the Respondent have in line with the said ruling placed before court the receipts for the hospital bill and an explanation by the Applicant, who admits having received Kshs.155,000/= from Mwalimu Sacco on what she did with the funds. The applicant explains that she expended the sums on her three children with the deceased.
3. Based on the above, the court now directs the Public Trustee to distribute the sum of Kshs.882,892. 30 being the remainder of the estate to the two widows and four children left by the deceased in equal shares after considering:
a. Refund of Kshs.95,832, to the Respondent Franciah Njoki Mwangi being the amount of hospital bill she paid on account of the deceased.
b. Taking into account Kshs.155,000/= paid the Applicant Esther Warukira Kiragu by Mwalimu Sacco and which amount should be deducted equally from the share payable to the applicant and her 3 children (in equal shares).
4. Each party to meet their costs.
Dated and Delivered in Nairobi on this2ND day of JULY, 2020
………………………….
ALI-ARONI
JUDGE