[2022] KEHC 14937 (KLR)
The court found that the administrator repeatedly failed to comply with its directions regarding the distribution of the deceased's estate, specifically by attempting to reallocate the one acre previously awarded to the protestors. The court relied on the official land search, which confirmed the estate's size, and...
Source-derived case information.
- Citation
- [2022] KEHC 14937 (KLR)
- Parties
- Applicant: Jackson Wachira Ndegwa; Respondent: Richard Keiro Mwaura; Respondent: James Njoroge Mwaura; Respondent: Mary Wambui Mwaura
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 632 of 2014
- Procedural Posture
- Succession Cause / Ruling on Distribution of Estate
- Outcome
- Estate distributed as per court's orders; certificate of confirmation of grant to issue accordingly.
- Judges
- FN Muchemi
- Legal Topics
- Succession, Distribution of Estate, Confirmation of Grant, Beneficiary Shares
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Wachira Ndegwa
Applicant
Richard Keiro Mwaura
Respondent
James Njoroge Mwaura
Respondent
Mary Wambui Mwaura
Respondent
Procedural Posture
Succession Cause / Ruling on Distribution of Estate
Legal Issues
- 1 Whether the administrator complied with the court's directions regarding the distribution of the deceased's estate.
- 2 How the estate LR Aguthi/Gaki/53 should be distributed among the beneficiaries.
- 3 Whether the protestors are entitled to one acre as previously ordered.
Ratio Decidendi
The court found that the administrator repeatedly failed to comply with its directions regarding the distribution of the deceased's estate, specifically by attempting to reallocate the one acre previously awarded to the protestors. The court relied on the official land search, which confirmed the estate's size, and accepted the affidavit provided by the 1st protestor detailing the beneficiaries and their respective shares. The court ordered the estate to be distributed as per its original judgment, ensuring the protestors receive their one acre in equal shares and the remainder is distributed among the other beneficiaries as specified. The certificate of confirmation of grant is to issue...
Court Disposition
Estate distributed as per court's orders; certificate of confirmation of grant to issue accordingly.
Orders
- One acre out of LR Aguthi/Gaki/53 to be shared equally among Richard Keiro Mwaura, James Njoroge Mwaura, and Mary Wambui Mwaura.
- Lucy Njeri Waweru's share of 0.84 acres to be shared equally between Jane Wangi Waweru and Mwangi Waweru.
Full Case Text
Judgment text and source record
25 paragraphs
In re Estate of Kariuki Kiruthi (Deceased) (Succession Cause 632 of 2014) [2022] KEHC 14937 (KLR) (10 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14937 (KLR)
Republic of Kenya
In the High Court at Nyeri
Succession Cause 632 of 2014
FN Muchemi, J
November 10, 2022
Between
Jackson Wachira Ndegwa
Petitioner
and
Richard Keiro Mwaura
1st Protestor
James Njoroge Mwaura
2nd Protestor
Mary Wambui Mwaura (Being the Administrators of the Estate of Stanley Mwaura Keiro -Deceased)
3rd Protestor
Ruling
1. This is a ruling on distribution of the deceased’s estate LR Aguthi/Gaki/53 with a view of determining the actual shares of the deceased’s beneficiaries.
2. Judgement in this case was delivered on October 7, 2021with the following orders:-a.One acre portion out of Aguthi/Gaki/53 to be shared equally among the four (4) protestorsb.The balance of the deceased’s estate measuring 6. 89 acres be shared equally among the surviving sons of the deceased and in case of any deceased beneficiaries, their survivors to share in equal shares.c.The grant is hereby confirmed in the said terms pending the issue of the certificate of confirmation upon filing of the further affidavit within twenty one (21) days by the petitioner to provide the required details of the beneficiaries in each household and their respective shares.
3. The administrator Jackson Wachira Ndegwa was directed to file a further affidavit to give particulars of the surviving beneficiaries of the deceased who were to share the remainder of LR Aguthi/Gaki/53 after the protestors take their one (1) acre. The administrator was granted twenty (21) days to file the said affidavit.
4. When the case came for mention on November 4, 2021, the administrator had not complied with the court’s directions. He had filed a further affidavit that was taking away the one acre of the protestors and adding it to the shares of the deceased’s beneficiaries. The court directed the administrator to comply with the directions and also filed a current official search of the land in question. The search was filed but the distribution was still incorrect. The court brought the matter to the attention of the administrator. For the 2nd time, the administrator failed to comply with the court’s directions. This defiance continued when a 3rd chance to comply was given to the administrator.
5. The court then directed the 1st protestor to avail the required details which was done through an affidavit sworn by Richard Keiro Mwaura.
6. An official search revealed that LR Aguthi/Gaki/53 measured 2. 79ha equivalent to 6. 894 acres contrary to the earlier calculation done by the court. The estate of the deceased LR Aguthi/Gaki/53 shall be distributed as follows:-1. Richard Keiro mwauraJames Njoroge Mwaura one (1) acre in equal sharesMary Wambui Mwaura2. Lucy Njeri Waweru share of 0. 84 acres to be shared equally between Jane Wangi Waweru and Mwangi Waweru3. John Kariuki Ndegwa share of 0. 84 acres to be shared equally between Bernard Mwangi Ndoho and Grace Kirigo Kariuki4. Geoffrey Gachanja Kariuki - 0. 84 acres5. Kariuki Ndegwa share of 0. 84 acres to be registered in the name of Nancy Mumbi Ndegwa.6. Moses Waweru Ndegwa- 0. 84 acres7. The certificate of confirmation of grant to issue in the foregoing terms.8. It is hereby so ordered.
DATED AND SIGNED AT NYERI THIS 10TH DAY OF NOVEMBER, 2022. F. MUCHEMIJUDGERULING DELIVERED THROUGH VIDEO LINK THIS 10TH DAY OF NOVEMBER, 2022.