[2022] KEHC 1293 (KLR)
The court found that the applicant's proposed mode of distribution was fair, comprehensive, and equitable, as it covered the entire estate and did not favour one house over the other. The respondent's proposal was rejected for being incomplete and biased. The court also considered previous findings of intermeddling...
Source-derived case information.
- Citation
- [2022] KEHC 1293 (KLR)
- Parties
- Applicant: Kimama Githutha Kungu; Respondent: Jane Njeri Githutha
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 18 of 2016
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- Grant confirmed and estate distributed as per applicant's proposal.
- Judges
- MM Kasango
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate, Intermeddling, Administration of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kimama Githutha Kungu
Applicant
Jane Njeri Githutha
Respondent
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be confirmed and the estate distributed as proposed by the applicant.
- 2 Whether the alternative mode of distribution proposed by the respondent is fair and comprehensive.
- 3 Whether the second house intermeddled with the estate and if this affects distribution.
Ratio Decidendi
The court found that the applicant's proposed mode of distribution was fair, comprehensive, and equitable, as it covered the entire estate and did not favour one house over the other. The respondent's proposal was rejected for being incomplete and biased. The court also considered previous findings of intermeddling by the second house, which further justified adopting the applicant's proposal. The grant was confirmed in accordance with the applicant's distribution plan, and specific orders were made to ensure the estate is distributed as set out, including authorizing the Deputy Registrar to sign documents on behalf of any administrator who declines and permitting the Land Registrar to...
Court Disposition
Grant confirmed and estate distributed as per applicant's proposal.
Orders
- The grant dated 23rd July, 2020 is confirmed as per the applicant's proposed distribution.
- NG’ENDA/NYAMANG’ARA 289 to be shared equally between the first and second house.
Full Case Text
Judgment text and source record
97 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
SUCCESSION CAUSE NO. 18 OF 2016
IN THE MATTER OF THE ESTATE OF JOSPHAT GITHUTHA ALIAS JOSPHAT GITHUTHA MUTUA KUNGU(DECEASED)
RULING
1. This Court by its Ruling dated 23rd July, 2020 appointed the following as administrators of the deceased’s estate:-
(i) Mary Nyambura Kungu
(ii) Kimama Githutha Kungu
(iii) Magdaline Nyambura Chege
(iv) Jane Njeri Githotha
2. The first two administrators above are from the first house while the latter two are from second house. Most importantly, the Ruling of 23rd July, 2020 found that the second house had intermeddled with the deceased’s estate during the pending of this cause. The first house through KIMAMA GITHUTHA KUNGU (Kimama) alleged that the second house was not keen to have the grant confirmed and the deceased’s estate distributed because they control the estate and have continued to benefit from the proceeds of that estate.
3. In my consideration of summons dated 20th August, 2020, I have borne in mind the findings of this Court by the ruling of 23rd July, 2020. Kimama by that summons seeks confirmation of grant and has made proposals on distribution of the estate.
4. There is an affidavit sworn by JANE NJERI GITHUTHA (Jane) sworn on 24th May, 2021 whereby the deponent made alternative proposals on distribution of the estate. That affidavit failed to state how or why the distribution proposed by Kimama is unacceptable. Further, the affidavit failed to distribute the entire estate of deceased. Perhaps of more concern the distribution proposed by Jane is biased in favour of the second house. It is for that reason that this Court will accept the mode of distribution proposed by Kimama.
5. In the end, I order that the grant dated 23rd July, 2020 be confirmed as follows:-
(a) NG’ENDA/NYAMANG’ARA 289 to be shared in equal shares between the first house and second house.
(i) FIRST HOUSE
1. JOSPHAT GITHUTHA MUTUA
2. MARY NYAMBURA KUNGU
3. KIMAMA GITHUTHA KUNGU
4. JOSEPH GITHUTHA WAWERU
(ii) SECOND HOUSE
1. MAGDALINE NYAMBURA CHEGE
2. JOHN MUTUA GITHUTHA
3. ROSEMARY MUTHONI GITHUTHA
4. JANE NJERI GITHUTHA
5. JOYCE WANJIKU GITHUTHA
6. AGNES WANGUI GITHUTHA
7. PAULINE NJOKI
(b) NG’ENGO/NYAMANG’ARA 1419
(i) To KIMAMA GITHUTHA KUNGU (whole)
(c) KIRAI/MANGU 642 in equal shares to:-
1. MAGDALINE NYAMBURA CHEGE
2. JOHN MUTUA GITHUTHA
3. ROSEMARY MUTHONI GITHUTHA
4. JANE NJERI GITHUTHA
5. JOYCE WANJIKU GITHUTHA
6. AGNES WANGUI GITHUTHA
7. PAULINE NJOKI
(d) NG’ENDA/NYAMANG’ARAT 198 in equal shares to:-
1. JOSPHAT GITHUTHA MUTUA
2. MARY NYAMBURA KUNGU
3. KIMAMA GITHUTHA KUNGU
4. JOSEPH GITHUTHA WAWERU
(e) NG’ENDA/KIRAI 186 in equal shares to:-
1. MARY NYAMBURA KUNGU
2. KIMAMA GITHUTHA KUNGU
3. JOSEPH GITHUTHA WAWERU
4. JOSPHAT GITHUTHA MUTUA
(f) NG’ENDA/KIRAI 188 in equal shares to:-
1. MAGDALINE NYAMBURA CHEGE
2. JOHN MUTUA GITHUTHA
3. ROSEMARY MUTHONI GITHUTHA
4. JANE NJERI GITHUTHA
5. JOYCE WANJIKU GITHUTHA
6. AGNES WANGUI GITHUTHA
7. PAULINE NJOKI
(g) KYANJAU HOUSING CO-OPERATIVE SOCIETY LTD Plot Nos. 1435, 1490, 1360, 201 King’oki and 1595 in equal shares to:-
1. JOHN MUTUA GITHUTHA
2. MAGDALINE NYAMBURA CHEGE
3. ROSEMARY MUTHONI GITHUTHA
4. JANE NJERI GITHUTHA
5. JOYCE WANJIKU GITHUTHA
6. AGNES WANGUI GITHUTHA
7. PAULINE NJOKI
(h) Money in Barclays (ABSA) Bank in equal shares to:-
1. MARY NYAMBURA KUNGU
2. KIMAMA GITHUTHA KUNGU
(i) Rental income of L.R. No. 75/668 BURUBURU from 6th May, 2012 to 24th March, 2022in equal shares to:-
1. MAGDALINE NYAMBURA CHEGE
2. JOHN MUTUA GITHUTHA
3. ROSEMARY MUTHONI GITHUTHA
4. JANE NJERI GITHUTHA
5. JOYCE WANJIKU GITHUTHA
6. AGNES WANGUI GITHUTHA
7. PAULINE NJOKI
(j) LR NO. 75/668 BURUBURU in equal shares to:-
1. KIMAMA GITHUTHA KUNGU
2. MARY NYAMBURA KUNGU
(k) SHARE CERTIFICATE NO. 275 KYANJAU HOUSING CO-PERATIVE SOCIETY in equal shares to:
1. MARY NYAMBURA KUNGU
2. KIMAMA GITHUTHA KUNGU
3. JOSEPH GITHUTHA WAWERU
4. JOSPHAT GITHUTHA MUTUA
(l) The Deputy Registrar of this Court shall sign on behalf of any administrator who declines to sign documents relating to transmission of the deceased’s estate to beneficiaries as set out in this Ruling.
(m) The Land Registrar is authorised to put into effect the mode of distribution in this ruling notwithstanding the absence of the original title documents.
6. It is so ordered.
RULING DATED AND DELIVERED AT KIAMBU THIS 24TH DAY OF MARCH, 2022.
MARY KASANGO
JUDGE
Coram:
Court Assistant : Mourice
For Petitioner: - KIMAMA GITHUTHA KUNGU :- Present in person
For Objectors :- No appearance
RULINGdelivered virtually.
MARY KASANGO
JUDGE