[2015] KEHC 5452 (KLR)
The court found that the sale of the original estate land by the 1st Administrator was justified as the proceeds were used to purchase two other parcels of land, both of which were registered in her name for the benefit of the deceased's children. The court was satisfied that the proposed distribution would not...
Source-derived case information.
- Citation
- [2015] KEHC 5452 (KLR)
- Parties
- Applicant: AWN; Respondent: Charles Irungu Macharia
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 76 of 2013
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- Summons for confirmation of grant allowed; distribution as proposed in the supporting affidavit approved.
- Judges
- DW Mbuteti
- Legal Topics
- Succession of Estates, Confirmation of Grant, Distribution of Estate, Sale of Estate Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
AWN
Applicant
Charles Irungu Macharia
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the sale of the deceased's estate land by the administrator was lawful and in the best interests of the beneficiaries.
- 2 Whether the proceeds of the sale, used to purchase other parcels of land, adequately protect the inheritance rights of the deceased's children.
- 3 Whether the court should confirm the grant and approve the proposed distribution of the estate.
Ratio Decidendi
The court found that the sale of the original estate land by the 1st Administrator was justified as the proceeds were used to purchase two other parcels of land, both of which were registered in her name for the benefit of the deceased's children. The court was satisfied that the proposed distribution would not disinherit the children, including the minor, but would instead provide them with a better inheritance. The court therefore allowed the summons for confirmation of grant and ordered distribution as proposed in the supporting affidavit.
Court Disposition
Summons for confirmation of grant allowed; distribution as proposed in the supporting affidavit approved.
Orders
- The summons for confirmation of grant is allowed as prayed.
- Distribution of the estate shall be as proposed at paragraph 4 of the supporting affidavit.
Full Case Text
Judgment text and source record
16 paragraphs
IN THE HIGH COURT OF KENYA AT MURANG’A
SUCCESSION CAUSE NO 76 OF 2013
IN THE MATTER OF THE ESTATE OF J M N, DECEASED
R U L I N G
1. The 1st Administrator in this matter, AWN, is the widow of the Deceased JMN. At the time of the Deceased’s death they had three children -
RWM
ENM
MNM – MINOR
2. The Deceased died on 30th January 2009. His estate comprised land parcel [Particulars Withheld] measuring approximately 0. 405 Ha.
3. By a sale agreement dated 1st January 2011 the 1st Administrator sold the said parcel of land to one Charles Irungu Macharia (who subsequently became the 2nd Administrator in this cause). The 1st Administrator utilized the proceeds of the sale to purchase two parcels of land – [Particulars Withheld] (measuring approximately 0. 58 Ha.) and [Particulars Withheld] (measuring approximately 0. 60 Ha). Both parcels of land are now registered in her name.
4. Both Administrators subsequently applied for confirmation of the grant made to them herein on 05/12/2013. They sought leave of the court for distribution to include transfer of [Particulars Withheld] to the 2nd Administrator as per the sale agreement already referred to. The 1st Administrator has pointed out that with the purchase of the other two parcels of land using the proceeds of sale of L.R. [Particulars Withheld], her children will not be disinherited by transfer of that parcel of land to the 2nd Administrator; on the contrary they will have a better inheritance with the two parcels of land purchased with the proceeds of the sale to the 2nd Administrator.
5. Having read both the supporting affidavit and the further affidavit filed on 31st October 2014, I will allow the summons for confirmation of grant as prayed. Distribution shall be as proposed at paragraph 4 of the supporting affidavit. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 16TH APRIL 2015
H P G WAWERU
JUDGE
DELIVERED THIS 17TH DAY OF APRIL 2015