[2014] KEHC 7569 (KLR)
The court found that, despite the irregular sale of a share of land by Mary Njeri Gitau before confirmation of the grant, the proposed distribution of the estate as set out in the application dated 28th April 2009 was fair. The judge noted that Mary Njeri Gitau was treated as a surviving spouse for the purposes of...
Source-derived case information.
- Citation
- [2014] KEHC 7569 (KLR)
- Parties
- Applicant: Mary Njeri Gitau; Applicant: Mary Waithera Gitau; Respondent: Joseph Ndungu Githua
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2958 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Confirmation of Grant
- Outcome
- application for confirmation of grant allowed
- Judges
- DN Musyoka
- Legal Topics
- Confirmation of Grant, Distribution of Estate, Succession Rights, Status of Surviving Spouse
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Njeri Gitau
Applicant
Mary Waithera Gitau
Applicant
Joseph Ndungu Githua
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Confirmation of Grant
Legal Issues
- 1 Whether the grant of representation should be confirmed as proposed in the application dated 28th April 2009.
- 2 Whether the distribution of Ngenda/Karuri/814 between Mary Njeri Gitau and Mary Waithera Gitau is fair and lawful.
- 3 Whether the sale of a share of land by Mary Njeri Gitau prior to confirmation of grant was irregular.
Ratio Decidendi
The court found that, despite the irregular sale of a share of land by Mary Njeri Gitau before confirmation of the grant, the proposed distribution of the estate as set out in the application dated 28th April 2009 was fair. The judge noted that Mary Njeri Gitau was treated as a surviving spouse for the purposes of the proceedings, and Mary Waithira Gitau as a surviving child. The court was satisfied that the distribution reflected the interests of the survivors and that the grant made on 20th February 2007 should be confirmed. The estate, consisting solely of Ngenda/Karuri/814, was to be distributed as proposed: 2.15 acres to Mary Waithira Gitau and 3.13 acres to Mary Njeri Gitau.
Court Disposition
application for confirmation of grant allowed
Orders
- The application dated 28th April 2009 is allowed.
- The grant made on 20th February 2007 is confirmed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
SUCCESSION CAUSE NO. 2958 OF 2003
IN THE MATTER OF THE ESTATE OF GITAU ITEMO – (DECEASED)
RULING
1. The application dated 28th April 2009 is for confirmation of the grant made on 20th February 2007 to Mary Njeri Gitau and Mary Waithera Gitau. The only asset for distribution is Ngenda/Karuri/814. It’s proposed that 2. 15 acres should be given to Mary Waithira Gitau and 3. 13 acres to Mary Njeri Gitau, survivors of the deceased.
2. Mary Njeri Gitau treated for granted of the purposes of the proceedings as a surviving spouse of the deceased, while Mary Waithira Gitau is a surviving child of the deceased. The daughter of the deceased says that Mary Njeri Gitau was never married to the deceased although they had children together.
3. I have read through the affidavit sworn on 17th January 2013 by Joseph Ndungu Githua. He is a secretary of Ngenda New Farmers Company Ltd, where the deceased had shares. He avers that after the deceased died, Mary Njeri Gitau sold to him the equivalent of one share of land measuring about one acre out of the land owned by the company which was due to the deceased.
4. The said sale is said to have occurred in 1987. This was about the time the grant was obtained in the Thika Cause. This was irregularly as the said Mary Njeri Gitau ought to have waited for confirmation of the grant to dispose of the share.
5. Taking into account paragraph 3 and 4 above, I am satisfied that the distribution proposed in the application dated 28th April 2009 is fair and I do hereby allow the said application. The grant made on 20th February 2007 is hereby confirmed. The estate shall be distributed as proposed.
DATED, SIGNED and DELIVERED at NAIROBI this31st DAY OF January, 2014.
W. MUSYOKA
JUDGE
W. M. MUSYOKA
JUDGE