[2024] KEHC 1327 (KLR)
The court determined that, given the existence of two competing subdivision plans for the estate assets and the need to ensure equal distribution as per the confirmed grant, it is necessary to observe the effect of the proposed subdivisions on the ground before making a final decision. The court will therefore...
Source-derived case information.
- Citation
- [2024] KEHC 1327 (KLR)
- Parties
- Applicant: Margaret Ncooro; Respondent: Eunice Kaome; Respondent: Regina Kaome; Respondent: Grace Kalangi; Respondent: Ibrahim Ngula
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 15 of 2016
- Procedural Posture
- Succession Cause / Interlocutory Ruling on Application for Subdivision of Estate Assets
- Outcome
- Interlocutory orders issued; final determination deferred pending site visit.
- Judges
- EM Muriithi
- Legal Topics
- Distribution of Estate, Confirmed Grant Implementation, Subdivision of Land, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Ncooro
Applicant
Eunice Kaome
Respondent
Regina Kaome
Respondent
Grace Kalangi
Respondent
Ibrahim Ngula
Respondent
Procedural Posture
Succession Cause / Interlocutory Ruling on Application for Subdivision of Estate Assets
Legal Issues
- 1 How should the estate assets be subdivided to implement the confirmed grant equally among all beneficiaries.
- 2 Which of the competing subdivision plans proposed by the parties should be adopted.
Ratio Decidendi
The court determined that, given the existence of two competing subdivision plans for the estate assets and the need to ensure equal distribution as per the confirmed grant, it is necessary to observe the effect of the proposed subdivisions on the ground before making a final decision. The court will therefore conduct a site visit with the parties and their respective surveyors to assess the practical implications of each plan. Pending this visit and further directions, the status quo on the suit properties is to be maintained.
Court Disposition
Interlocutory orders issued; final determination deferred pending site visit.
Orders
- The court shall visit the site of the estate assets on a date to be fixed in consultation with counsel and parties.
- Parties' respective surveyors are at liberty to attend the site visit.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Lintari Likirigua alias Litaru Rikirigua (Deceased) (Succession Cause 15 of 2016) [2024] KEHC 1327 (KLR) (15 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1327 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 15 of 2016
EM Muriithi, J
February 15, 2024
IN THE MATTER OF THE ESTATE OF LINTARI LIKIRIGUA ALIAS LITARI RIKIRIGUA (DECEASED) MARGARET NCOORO.............................................................APPLICANT VERSUS EUNICE KAOME...........................................................1ST RESPONDENT REGINA KAOME...........................................................2ND RESPONDENT GRACE KALANGI.........................................................3RD RESPONDENT IBRAHIM NGULA..........................................................4TH RESPONDENT
Ruling
1. Upon hearing the applicant’s application dated 3/8/2022, by way of oral evidence as directed by the court in its ruling dated 30/1/2023, the Court has been left with questions as to the correct subdivision of the assets necessary to implement the Confirmed Grant made herein by consent of the parties on 6/7/2021 and issued on 19/July 2021 distributing the property in the Estate named in the Schedule as LR Ithima/Antuambui/2360, LR Ithima/Antuambui/2942 and LR Ithima/Antuambui/425 to be “share[d] equally among all the beneficiaries”.
2. Two competing subdivision plans have been proposed by different mutations by the respective surveyors for the parties.
3. The Court considers that it is necessary to observe the effect of the subdivisions on the ground at the assets under distribution before a final decision is taken on the matter. The Court shall, therefore, visit the site on a date to be fixed in consultation with the Counsel and the parties. The Parties’ respective surveyors are at liberty to attend.
4. In the meantime, the status quo on the suit properties shall be maintained pending the hearing and determination of the application dated 3/8/2022.
5. Directions on 26/2/2024. Order accordingly.
DATED AND DELIVERED THIS 15TH DAY OF FEBRUARY, 2024. EDWARD M. MURIITHIJUDGEAppearancesMr. Mutembei, Advocate for the Applicant.Mr. Omari, Advocate for the Respondents.