[2023] KEHC 2494 (KLR)
The court found that the affidavit dated June 17, 2022, signed by three out of four beneficiaries, presented a fair and equitable distribution of the deceased's estate. The protestor's objections were considered but found to have been adequately addressed in the consent affidavit. The court emphasized that the...
Source-derived case information.
- Citation
- [2023] KEHC 2494 (KLR)
- Parties
- Applicant: Faith Wairimu Munuhe; Respondent: Grace Waithera Munuhe; Applicant: Samuel Stephen Matu Munuhe; Applicant: Eddy Njoroge Munuhe
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1 of 2018
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant and Distribution of Estate
- Outcome
- grant confirmed and estate distributed as per consent affidavit
- Judges
- M Muya
- Legal Topics
- Succession, Distribution of Estate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Faith Wairimu Munuhe
Applicant
Grace Waithera Munuhe
Respondent
Samuel Stephen Matu Munuhe
Applicant
Eddy Njoroge Munuhe
Applicant
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Distribution of Estate
Legal Issues
- 1 Whether the proposed mode of distribution of the deceased's estate is fair and equitable among the beneficiaries.
- 2 Whether the protestor's objections to the distribution have merit and should alter the proposed distribution.
- 3 Whether the consent affidavit signed by three beneficiaries should be adopted as the final mode of distribution.
Ratio Decidendi
The court found that the affidavit dated June 17, 2022, signed by three out of four beneficiaries, presented a fair and equitable distribution of the deceased's estate. The protestor's objections were considered but found to have been adequately addressed in the consent affidavit. The court emphasized that the distribution reflected the wishes of the majority and that no beneficiary should be compelled to accept an arrangement to which they have not consented. Accordingly, the court confirmed the grant and ordered distribution as per the consented mode, vesting the Golf Course house in Nairobi to Grace Waithera Munuhe and the Blue Valley House in Nyeri to Eddy Njoroge Munuhe.
Court Disposition
grant confirmed and estate distributed as per consent affidavit
Orders
- The grant of letters issued on July 2, 2018 is confirmed.
- Distribution of the estate shall be as per paragraph 3 of the affidavit dated June 17, 2022.
Full Case Text
Judgment text and source record
29 paragraphs
In re Estate of Gladys Wambui Munuhe alias Gladys W. Munuhe alias Munuhe Gladys Wambui (Deceased) (Succession Cause 1 of 2018) [2023] KEHC 2494 (KLR) (29 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2494 (KLR)
Republic of Kenya
In the High Court at Nyeri
Succession Cause 1 of 2018
M Muya, J
March 29, 2023
In the matter of
Faith Wairimu Munishe
1st Petitioner
Grace Waithera Munushe
2nd Petitioner
Samuel Stephen Matu Munuhe
3rd Petitioner
Ruling
1. Directions were given by my sister Mshila J On July 1, 2019 on a protest which the intended applicant wished to file at the time there was disagreement on the mode of distribution on two properties, namely,1. Golf course estate house2. Mombasa property
2. The matter was referred for mediation purposes. The mediation was not successful and another property was added to the dispute. This was a house at blue valley
3. Later on May 24, 2022 after further mediation efforts failed to bear fruit, the court ordered the parties to file their proposed mode of distribution.
4. The deceased Gladys Wambui Munuhe was survived by the following1. Faith Wairimu Munuhe2. Grace Waithera Munuhe3. Samuel Stephen Munuhe4. Eddy Njoroge Munuhe
5. Apart from Grace W Munuhe who is the protestor, the other three have filed their consent on the mode of distribution
6. Immovables1. ½ share Nairobi block 32 – Parcel No 25550% to Grace Waithera Munuhe50% to be shared equally between Faith Wairimu Munuhe, Samuel Stephen Matu Munuhe and Eddy Njoroge Munuhe.2. ½ share Rugura/Karuthu/962 – to be shared equally by the 4 beneficiaries.3. Nyeri Blue Valley House 2/167 – C 1108/147 – goes to Eddy Njoroge Munuhe 100%4. Kiambaa/Thimbigua/1139 – Donated to ACK, St Angela – Githima5. ½ share of Mombasa plot 11MN/322 50% to Grace Waithera Munuhe and 50% to be shared equally between Faith Wairimu Munuhe, Samuel Stephen Matu Munuhe and Eddy Njoroge Munuhe As for the Movables, to be shared equally by the 4 beneficiaries.
7The protestor Grace W Munuhe filed her proposed mode of distribution dated June 22, 2022 in which she1. Agrees that ½ Land Parcel Ruguru/Karuthi/962 be shared equally by the 4 beneficiaries but after survey.2. The Mombasa property at Utange Plot 11MN/322 –Land to be surveyed first 50% shares to her. 50% to be shared by the 4 beneficiaries.3. Blue Valley House Nyeri to be shared by herself and Eddy Munuhe.4. Muchatha Land. Land to be donated to the Church upon production of all documents.5. ReasonsShe gives the reason for her desire to share the Blue Valley House with Eddy Njoroge and Eddy Njoroge to have one of the Houses belonging to their father, and not named in his will.
8She contends that her siblings Faith Munuhe and Samuel Munuhe who were each given a house at Karen still want to share the Golf Course property with her.
9That she has already lost the Mombasa property at Utange to Squatters.
Analysis and conclusion 10As for the Blue Valley House in Nyeri and her offer to Eddy Njoroge to take another house in Nairobi, Eddy himself has not consented to this arrangement and nor have the other beneficiaries.
11As for plot No Nairobi 32/255 at Golf Course Estate, it is noted that ½ share interest was bequeathed to Grace Waithera Munuhe.
12I have duly perused the affidavit dated June 17, 2022 and received in court on the same day and I am satisfied that it presents a fair distribution of the deceased estate. It was signed by three out of the four beneficiaries. I have noted the protestor’s grounds but I find that they have been properly captured and addressed in that affidavit of consent. For the avoidance of doubt,The Golf Course house in Nairobi block No 32/255 – 100% shares to be vested on Grace Waithera Munuhe.The Blue Valley House in Nyeri Block LR No BTP No 167 – 100% to Eddy Njoroge Munuhe.
13Subsequently, the grant of letters issue on July 2, 2018 is hereby confirmed with distribution as per paragraph 3 of the affidavit dated June 17, 2022. Certificate to issue.
Ruling Read, Signed and delivered in open court at Nyeri this 29th day of March, 2023. HON JUSTICE MARTIN M MUYAJUDGEIn the presence of:Faith……….Eddy…………..PETITIONERSCourt Assistant: Kinyua30 days R/A.3| PageSUCCESSION CAUSE NO.1 OF 2018