[2019] KEHC 7362 (KLR)
The court determined that the construction of the will, specifically the meaning and purport of the words designating a mandatory signatory to a bank account, is a central issue that has not been adequately addressed by the parties. As the decision on revocation of grant may substantially turn on this point, the...
Source-derived case information.
- Citation
- [2019] KEHC 7362 (KLR)
- Parties
- Applicant: Hellen Karimi Njure; Applicant: Susan Nkirote; Applicant: Ann Kariuki; Applicant: Purity Karambu; Applicant: Mary Kananu; Applicant: Damaris Nkatha Kinoti; Respondent: Regina Mukiri Gichunge; Respondent: Fridah Kanani Gichunge; Respondent: Samwel Mutwiri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 289 of 2012
- Procedural Posture
- Succession Cause / Partial Ruling on Construction of Will Pending Final Determination on Revocation of Grant
- Outcome
- Ruling deferred; parties directed to file submissions on construction of will.
- Legal Topics
- Wills and Testamentary Succession, Grant of Probate, Interpretation of Wills
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hellen Karimi Njure
Applicant
Susan Nkirote
Applicant
Ann Kariuki
Applicant
Purity Karambu
Applicant
Mary Kananu
Applicant
Damaris Nkatha Kinoti
Applicant
Regina Mukiri Gichunge
Respondent
Fridah Kanani Gichunge
Respondent
Samwel Mutwiri
Respondent
Procedural Posture
Succession Cause / Partial Ruling on Construction of Will Pending Final Determination on Revocation of Grant
Legal Issues
- 1 What is the correct interpretation of the testator's words regarding mandatory signatory of the bank account in the will.
- 2 Should the grant of representation be revoked based on the construction of the will.
Ratio Decidendi
The court determined that the construction of the will, specifically the meaning and purport of the words designating a mandatory signatory to a bank account, is a central issue that has not been adequately addressed by the parties. As the decision on revocation of grant may substantially turn on this point, the court found it necessary to give the parties an opportunity to file and serve submissions on this aspect before rendering a final determination. The ruling is therefore partial, deferring the substantive decision on revocation of grant until after further submissions are received and considered.
Court Disposition
Ruling deferred; parties directed to file submissions on construction of will.
Orders
- Parties to file and serve submissions on the construction of the will regarding the mandatory signatory of the bank account within 7 days.
- Final determination on revocation of grant to be rendered after consideration of submissions.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 289 OF 2012
IN THE MATTER OF THE ESTATE OF JACOB GICHUNGE MUCHIRI (DECEASED)
HELLEN KARIMI NJURE.....................................................1ST APPLICANT
SUSAN NKIROTE...................................................................2ND APPLICANT
ANN KARIUKI........................................................................3RD APPLICANT
PURITY KARAMBU..............................................................4TH APPLICANT
MARY KANANU.....................................................................5TH APPLICANT
DAMARIS NKATHA KINOTI..............................................6TH APPLICANT
VERSUS
REGINA MUKIRI GICHUNGE..............1ST PETITIONER/RESPONDENT
FRIDAH KANANI GICHUNGE.............2ND PETITIONER/RESPONDENT
SAMWEL MUTWIRI...............................3RD PETITIONER/RESPONDENT
PARTIAL RULING
Construction of wills
[1] The will subject of these proceedings has described under bank accounts that a particular beneficiary shall be the mandatory signatory of the stated account. From the arguments presented this is a major point of contention, yet none of the parties specifically addressed the court on the meaning and purport of these words. This is a matter of construction of a will as well as interpretation of the specific words used by the testator. And, it occupies central position in the application, such that the decision thereto may substantially turn on that point. Accordingly, as this matter has not been canvassed, I should give the parties an opportunity to address this issue as part of serving the court in respect of the application for revocation of grant herein.
[2] Now therefore, I direct the parties to file and serve submission on this aspect in 7 days. I will thereafter render a final determination on revocation of grant on a date to be appointed by the court.
Dated signed and delivered in open court this 20th day of MAY 2019
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F. GIKONYO
JUDGE
IN PRESENCE OF
Mutegi for petitioner – Munyi holding brief
Kithinji for Muriuki for respondent
Mrs. Ntarangwi for Nyamu Nyaga for interested party.
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F. GIKONYO
JUDGE