[2010] KEHC 2632 (KLR)
The court found that the applicant, as the widow and administrator, demonstrated sufficient cause for early confirmation of the grant, namely the urgent need to access dividends and bank accounts for her maintenance. All beneficiaries had consented to the proposed distribution. However, the court exercised its...
Source-derived case information.
- Citation
- [2010] KEHC 2632 (KLR)
- Parties
- Applicant: Grace Naitore Murithi; Respondent: Judith Mwendwa Murithi; Respondent: Catherine Kinya Murithi; Respondent: Martin Koome Murithi; Respondent: Antony Mwenda Murithi; Respondent: Josphine Karwitha Murithi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 439 of 2008
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- Grant confirmed with modified distribution of estate.
- Judges
- MM Kasango
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate, Dependants Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grace Naitore Murithi
Applicant
Judith Mwendwa Murithi
Respondent
Catherine Kinya Murithi
Respondent
Martin Koome Murithi
Respondent
Antony Mwenda Murithi
Respondent
Josphine Karwitha Murithi
Respondent
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be confirmed before expiry of six months.
- 2 What is the just and equitable mode of distribution of the deceased's estate among the beneficiaries.
Ratio Decidendi
The court found that the applicant, as the widow and administrator, demonstrated sufficient cause for early confirmation of the grant, namely the urgent need to access dividends and bank accounts for her maintenance. All beneficiaries had consented to the proposed distribution. However, the court exercised its discretion to slightly modify the mode of distribution to ensure justice and equity among the beneficiaries. The estate was distributed with specific assets allocated to the widow absolutely, some properties to the children in equal shares, and a life interest granted to the widow in one property, with remainder to the children. The orders ensured the widow's immediate needs were...
Court Disposition
Grant confirmed with modified distribution of estate.
Orders
- Fixed deposit account No. 7033717 and savings account No. 3698943 with Barclays Bank of Kenya at Nkuruma Road Mombasa Branch to go to Grace Naitore Murithi absolutely.
- Ruiri/Rwarera/359 to go to Judith Mwendwa Murithi, Catherine Kinya Murithi, Martin Koome Murithi, Antony Mwenda Murithi, and Josphine Karwitha Murithi in equal shares.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE439 of 2008
IN THE MATTER OF THE ESTATE OF JULIUS MURITHI M’IKIARA (DECEASED)
GRACE NAITORE MURITHI ................................... PETITIONER
RULING
Grace Naitore Murithi is a widow of the late Julius Murithi M’Ikiara, deceased, whose estate this succession concerns.The deceased left surviving him the following:-
(1)Grace Naitore Murithi – widow
(2)Judith Mwendwa Murithi – daughter
(3)Catherine Kinya Murithi – daughter
(4)Martin Koome Murithi – son
(5)AntonyMwenda Murithi – son
(6)Josphine Karwitha Murithi – daughter
Grant was issued to the widow on 28th January 2010. The widow filed summons dated 14th April 2010 seeking confirmation of the said grant before the expiry of 6 months on the basis that Kenya Ports Authority requires a confirmed grant in order for it to release to her dividends of the deceased.That she, being a house wife, has no other source of income and she need additionally to access the deceased bank accounts.All the beneficiaries have consented to the mode of distribution but in my view, interest of justice require that mode to be modified.I order that the grant issued on 28th January 2010 be confirmed as follows:-
1. Fixed deposit account No. 7033717 and savings account No. 3698943 with Barclays Bank ofKenyaat Nkuruma RoadMombasaBranch to go to Grace Naitore Murithi absolutely.
2. Ruiri/Rwarera/359 to go to the following in equal shares:-
(a)Judith Mwendwa Murithi
(b)Catherine Kinya Murithi
(c)Martin Koome Murithi
(d)AntonyMwenda Murithi
(e)Josphine Karwitha Muriithi
3. Ontulili/Ontulili Block Katheri/136 to Martin Koome Murithi absolutely.
4. Plot No. Mombasa/Block/192 M.S. at Likoni to Grace Naitore Muriithi absolutely.
5. Ntima/Ntakira Block Katheri 136 to go to Grace Naitore Murithi for her lifetime and thereafter to go in equal shares to:-
(a)Judith Mwendwa Murithi
(b)Catherine Kinya Murithi
(c)Martin Koome Murithi
(d)AntonyMwenda Murithi
(e)Josephine Karwitha Murithi
6. Dividends and or shares with Kenya Ports Authority to go to Grace Naitore Murithi.
Dated and delivered at Meru this 4th day of June 2010.
MARY KASANGO
JUDGE