[2019] KEHC 9552 (KLR)
The court found that there was no evidence to support the claim that Jeniffer Mutoro received a benefit inter vivos from the deceased, as both witnesses confirmed that land was given to Lawrence Gitonga, not Jeniffer Mutoro, and no particulars of the land were provided. Consequently, the court declined to make any...
Source-derived case information.
- Citation
- [2019] KEHC 9552 (KLR)
- Parties
- Applicant: James Kinyua M’Thuranira; Applicant: Hellen Kagendo; Respondent: Alice Kiburio Mutegi; Respondent: Doris Gacheri Thuranira
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 320 of 2015
- Procedural Posture
- Succession Cause / Ruling on Distribution of Estate and Identification of Beneficiaries
- Outcome
- Application for determination of benefit inter vivos in respect of Jeniffer Mutoro dismissed; estate distributed as per court orders.
- Legal Topics
- Succession, Distribution of Estate, Identification of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Kinyua M’Thuranira
Applicant
Hellen Kagendo
Applicant
Alice Kiburio Mutegi
Respondent
Doris Gacheri Thuranira
Respondent
Procedural Posture
Succession Cause / Ruling on Distribution of Estate and Identification of Beneficiaries
Legal Issues
- 1 Whether Jeniffer Mutoro received a benefit inter vivos from the deceased.
- 2 How the estate should be distributed among the identified beneficiaries.
- 3 Which children are to hold shares in trust and the identification of such beneficiaries.
Ratio Decidendi
The court found that there was no evidence to support the claim that Jeniffer Mutoro received a benefit inter vivos from the deceased, as both witnesses confirmed that land was given to Lawrence Gitonga, not Jeniffer Mutoro, and no particulars of the land were provided. Consequently, the court declined to make any orders regarding Jeniffer Mutoro. The court proceeded to identify the beneficiaries entitled to specific parcels of land and ordered the distribution accordingly, ensuring that shares were allocated to the children of the late Susan Mukonjiri and the late Loice Ntibi, with specified balances to Doris Makena alias Doris Gacheri, and LR. Kiirua/Naari – Maitei/651 to Alice Kiburio...
Court Disposition
Application for determination of benefit inter vivos in respect of Jeniffer Mutoro dismissed; estate distributed as per court orders.
Orders
- LR. Kiirua/Naari – Maitei/651 to go to Alice Kiburio in whole.
- LR Kiirua/Naari-Maitei/648: 1.33 acres to go to children of the late Susan Mukonjiri (James Kinyua, Purity Kananu, Joyce Kagendo, Rose Ntibi) to share equally; balance to Doris Makena alias Doris Gacheri.
Full Case Text
Judgment text and source record
41 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
SUCCESSION CAUSE NO. 320 OF 2015
IN THE MATTER OF ESTATE OF JULIAKAIMURI Alias JULIAH KAIMURA (DECEASED)
JAMES KINYUA M’THURANIRA........................................PETITIONER
HELLEN KAGENDO................................................................PETITIONER
VS
ALICE KIBURIO MUTEGI.........................................................OBJECTOR
DORIS GACHERI THURANIRA...............................................OBJECTOR
RULING
Application dated 23rd August 2018 sought that the court orders that issue as to whether Jeniffer Mutoro benefit inter vivos be determined by parties giving oral evidence and that the court identifies the children to whom shares were to be held in trust.
From the evidence of Salome wanja and Mary Kiome, this court finds that there is nothing to prove that Jeniffer Mutoro was given land by the deceased. Both say that land in Ruiri –Rwarera was given to Lawrence Gitonga the husband of Jeniffer Mutoro. There is nothing to show he was given On account of Jeniffer. The particulars of the land are not given and this court cannot make orders in a vacuum.
Concerning the identities of the beneficiaries to whom land is to be held in trust, this court orders as follows:-
1. LR. Kiirua/Naari – Maitei/651 will go to Alice Kiburio in whole
2. LR Kiirua/Naari-Maitei/648 1. 33 acres to go to children of the late Susan Mukonjiri to share equally namely:-
· James Kinyua
· Purity Kananu
· Joyce Kagendo
· Rose Ntibi
· Balance to go to Doris Makena alias Doris Gacheri.
3. K.R. No. Kiirua/Naari-Maitei/650 1. 33 acres to go to the children of the late Loice Ntibi to share equally namely:-
· Hellen Kagendo
· Hilda Kaimuri
· Lilian Karuthi
· Balance to go to Doris Makena alias Gaceri
There shall be no orders as to costs.
HON. A.ONG’INJO
JUDGE
RULING DELIVERED, DATED AND SIGNED IN COURT ON 26TH FEBRUARY 2019.
In the presence of:
C/A:
Petitioner:- Mr Kithinji holding brief Ntarangwi for Petitioner
Protesters:-Mr Ngugi holding brief for Mutuma for protesters
HON. A.ONG’INJO
JUDGE
Mr Kithinji
We pray for a copy of the ruling
Order:copy of ruling to be supplied upon payment of copying charges.
HON. A.ONG’INJO
JUDGE