[2019] KEHC 10302 (KLR)

[2019] KEHC 10302 (KLR)

The court found that the Longonot/Kijabe land parcels, though previously registered in the deceased's name, had been transferred to the protestor and subsequently to third parties, and that allegations of fraud or improper acquisition had already been litigated in other forums. The court held that a succession cause...

Source-derived case information.

Citation
[2019] KEHC 10302 (KLR)
Parties
Petitioner: Robert Kuria Horo; Protestor: Luka Mburu Horo; Respondent: Humphrey Ngigi Horo; Respondent: Wilfred Njoroge Horo; Respondent: Margaret Waithira Horo
Court
High Court
Court Station
High Court at Kiambu
Jurisdiction
Kenya
Case Number
Succession Cause 80 of 2016
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Protest
Outcome
Grant confirmed in the names of Luka Mburu Horo, Humphrey Ngigi Horo, and Margaret Waithira Horo; Bibirioni property to be sold and proceeds shared equally among all five children; Longonot/Kijabe parcels excluded from estate; parties to bear own costs.
Judges
CW Meoli
Legal Topics
Succession, Confirmation of Grant, Distribution of Estate, Beneficiary Rights
Source Language
en
Family and Children Succession Confirmation of Grant Distribution of Estate Beneficiary Rights

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Summary, issues, holding and outcome

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Parties

Robert Kuria Horo

Petitioner

Luka Mburu Horo

Protestor

Humphrey Ngigi Horo

Respondent

Wilfred Njoroge Horo

Respondent

Margaret Waithira Horo

Respondent

Procedural Posture

Succession Cause / Ruling on Confirmation of Grant and Protest

Legal Issues

  1. 1 Whether the Longonot/Kijabe land parcels form part of the deceased's estate for distribution in this succession cause.
  2. 2 Whether the Bibirioni property should be distributed among all children of the deceased or excluded based on alleged contribution by the protestor.
  3. 3 Whether the omission of the deceased's daughter and lack of consent from some beneficiaries invalidates the summons for confirmation of grant.

Ratio Decidendi

The court found that the Longonot/Kijabe land parcels, though previously registered in the deceased's name, had been transferred to the protestor and subsequently to third parties, and that allegations of fraud or improper acquisition had already been litigated in other forums. The court held that a succession cause is not the appropriate forum to determine the validity of such titles or allegations of fraud. As such, these parcels were excluded from the estate for purposes of confirmation of grant. Regarding the Bibirioni property, although the protestor claimed to have contributed the majority of the purchase price, no evidence was tendered to support this claim. The property was...

Court Disposition

Grant confirmed in the names of Luka Mburu Horo, Humphrey Ngigi Horo, and Margaret Waithira Horo; Bibirioni property to be sold and proceeds shared equally among all five children; Longonot/Kijabe parcels excluded from estate; parties to bear own costs.

Orders

  • A confirmed grant of letters of administration will issue in the names of Luka Mburu Horo, Humphrey Ngigi Horo and Margaret Waithira Horo.
  • The sole identified asset of the estate, LIMURU/BIBIRIONI/T.39, is to be shared equally by all five children of the deceased.