[2010] KEHC 2503 (KLR)
The court found that all parties entitled to the estate, being the children of the deceased, were in agreement that the only remaining asset, NYERI MUNICIPALITY/BLOCK III/35, should be shared equally among them. There was no dispute as to the identity of the beneficiaries or the mode of distribution. The court...
Source-derived case information.
- Citation
- [2010] KEHC 2503 (KLR)
- Parties
- Applicant: Thomas Gatura Gathu; Applicant: Stephen Wanyoike Gathu; Respondent: Martin Mwangi Gathu; Objector: Alice Wamuyu Gathu; Applicant: Judith Wachuka Mwangi & 4 Others; Interested Party: Innocent Elias Muchiri Gitonga
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 506 of 2005
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- Grant confirmed; estate to be distributed equally among the children of the deceased.
- Judges
- JK Sergon
- Legal Topics
- Intestate Succession, Distribution of Estate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Gatura Gathu
Applicant
Stephen Wanyoike Gathu
Applicant
Martin Mwangi Gathu
Respondent
Alice Wamuyu Gathu
Objector
Judith Wachuka Mwangi & 4 Others
Applicant
Innocent Elias Muchiri Gitonga
Interested Party
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Whether the parcel of land NYERI MUNICIPALITY/BLOCK III/35 should be shared equally among the children of the deceased.
- 2 Whether the court should confirm the grant as proposed by the parties.
Ratio Decidendi
The court found that all parties entitled to the estate, being the children of the deceased, were in agreement that the only remaining asset, NYERI MUNICIPALITY/BLOCK III/35, should be shared equally among them. There was no dispute as to the identity of the beneficiaries or the mode of distribution. The court applied Section 38 of the Law of Succession Act, which mandates equal distribution among surviving children where there is no surviving spouse. The court therefore ordered that the property be shared equally among the five children of the deceased.
Court Disposition
Grant confirmed; estate to be distributed equally among the children of the deceased.
Orders
- The parcel of land known as NYERI MUNICIPALITY/BLOCK III/35 shall be shared equally among Thomas Gatura Gathu, Stephen Wanyoike Gathu, Peter Gatheru Gathu, Alice Wamuyu Gathu, and Martin Mwangi Gathu.
- Each party shall bear his or her own costs.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI
Succession Cause 506 of 2005
IN THE MATTER OF THE ESTATE OF JOSEPH GATHU NGURE
THOMAS GATURA GATHU............................................PETITIONERS
STEPHEN WANYOIKE GATHU
VERSUS
MARTIN MWANGI GATHU
ALICE WAMUYU.................................................................OBJECTORS
JUDITH WACHUKA MWANGI & 4 OTHERS..................APPLICANTS
INNOCENT ELIAS MUCHIRI GITONGA..............INTERESTED PARTY
JUDGMENT
JOSEPH GATHU NGURE, died on 21st July 2003. He was survived by four sons and one daughter namely Martin Mwangi, Gatura Gathu, Wanyoike Gathu, Gatheru Gathu and Alice Wamuyu respectively. Letters of administration intestate in respect of his Estate were given to Thomas Gatura Gathu and Stephen Wanyoike Gathu. The duo applied for the Confirmation of Grant but the other beneficiaries filed affidavits of protest to oppose the Confirmation of Grant. The protagonists recorded two consent orders settling the distribution of the deceased’s Estate save for the parcel of land known as NYERI MUNICIPALITY/111/35.
It is the submission of ALICE WAMUYU GATHU, hereinafter referred to as the ‘Protestor’ that the aforesaid parcel of land be shared equally between the children of the deceased. Thomas Gatura Gathu, Stephen Wanyoike Gathu and Peter Gatheru Gathu, hereinafter referred to as the ‘Applicants’, were of the same view that the land should be shared equally between the deceased’s children.
I have carefully considered the proposals made by the parties herein. There is doubt that the Protestor and the Applicants are children of the deceased. They have agreed to share equally the only remaining Estate asset. I have no reason to deny them the order. Pursuant to Section 38 of the Law of Succession Act, I direct that the parcel of land known as NYERI MUNICIPALITY/BLOCK III/35be shared equally between the children of the deceased namely:
(i)THOMAS GATURA GATHU.
(ii)STEPHEN WANYOIKE GATHU.
(iii)PETER GATHERU GATHU.
(iv)ALICE WAMUYU GATHU.
(v)MARTIN MWANGI GATHU.
Since the dispute involves siblings, I direct that each party meets his or her own costs.
Dated and delivered at Nyeri this 28th day of May 2010.
J. K. SERGON
JUDGE
In open court in the presence of G. Mwangi holding brief Mwai for 1st Objector no appearance for Petitioner and Muriuki for two Objectors.