[2018] KEHC 3647 (KLR)
The court found that the mode of distribution agreed upon by the beneficiaries in the presence of the chief, and supported by the 2nd administrator and the respondent, was fair and just. The court rejected the 1st petitioner's alternative proposals, noting that the inclusion of Samuel Mutembei was unsupported as his...
Source-derived case information.
- Citation
- [2018] KEHC 3647 (KLR)
- Parties
- Applicant: Daniel Mutwiri M’Igweta; Applicant: David Mwiraria Igwta; Respondent: Gladys Kathure Kithinji
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 382 of 2014
- Procedural Posture
- Succession Cause / Ruling on Distribution of Estate
- Outcome
- Certificate of confirmation of grant to issue as per agreed mode of distribution.
- Legal Topics
- Succession, Distribution of Estate, Beneficiary Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Mutwiri M’Igweta
Applicant
David Mwiraria Igwta
Applicant
Gladys Kathure Kithinji
Respondent
Procedural Posture
Succession Cause / Ruling on Distribution of Estate
Legal Issues
- 1 Whether the proposed mode of distribution of the deceased's estate is fair and just to all beneficiaries.
- 2 Whether all beneficiaries and dependants have been properly identified and included in the distribution.
- 3 Whether the objections and alternative proposals by the 1st petitioner should be adopted over the agreed mode.
Ratio Decidendi
The court found that the mode of distribution agreed upon by the beneficiaries in the presence of the chief, and supported by the 2nd administrator and the respondent, was fair and just. The court rejected the 1st petitioner's alternative proposals, noting that the inclusion of Samuel Mutembei was unsupported as his name did not appear in the chief's letter or Form P & A 5. The court emphasized that all legitimate beneficiaries were considered in the agreed distribution, and that the properties were distributed in a balanced manner. Accordingly, the court ordered that a certificate of confirmation of grant issue in accordance with the agreed mode of distribution.
Court Disposition
Certificate of confirmation of grant to issue as per agreed mode of distribution.
Orders
- The estate of Lydia Ntibuka Igweta shall be distributed in accordance with the mode agreed upon by the beneficiaries and as set out in the chief's letter and the respondent's affidavit of accounts.
- A certificate of confirmation of grant shall issue to that effect.
Full Case Text
Judgment text and source record
79 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 382 OF 2014
IN THE MATTER OF ESTATE OF LYDIA NTIBUKA IGWETA (DECEASED)
DANIEL MUTWIRI M’IGWETA....1ST PETITIONER/APPLICANT
DAVID MWIRARIA IGWTA...........2ND PETITIONER/APPLICANT
VS
GLADYS KATHURE KITHINJI.................................RESPONDENT
RULING
The deceased herein Lydia Ntibuka Igweta died on 8th June, 2010 and left the following assets and dependants:-
ASSETS
1. Ntima/Igoki/5674
2. Ntima/Igoki/3478
3. Kiirua/Ruiri/4543
4. Kiirua/Ruiri/4546
5. Kiirua/Ruiri/4547
6. Kiirua/Ruiri/676
DEPENDANTS
1. Daniel Mutwiri
2. Julius Muriuki
3. Judith Kigetu
4. Catherine Nkirote
5. David Mwiraria
6. Sarah Karemi
7. Glayds Kathure
8. Martha Kinya
While writing letter identifying the beneficiaries dated 3rd December 2013 the Chief of Ruiri Location indicated agreed mode of distribution of the estate as follows:-
A . KIIRUA/RUIRI/676
a) Daniel Mutwiri – I acre & 40 x 80 ft
b) Julius Muruiki– 1 acre & 40 x 80 ft
c) Judith Kigetu - 1 acre & 40 x 80 ft plot
d) Catherine Nkirote – 40 x 80 ft plot
e) David Mwiraria - 1 acre & 40 x 80 ft plot
f) Sarah Karimi – 40 x 80 plot
g) Gladys Kathure – I acre & 40 by 80 ft
h) Martha Kinya – 1 acre & 40 x 80 ft
B. Kiirua/Ruiri/4547 to go to Sarah Karimi Gikundi wholly – 0. 382 Ha
C. Kiirua/Ruiri/4546 – To go to Catherine Nkirote Chabari – 0. 382 Ha wholly
D. Kiirua/Ruiri/4543
1. Judith Kigetu – 1 acre
2. Sarah Karimi
3. Gladys Kathure
4. Martha Kinyat o share ½ acre equally
E. Ntima/Igoki/3478 to be shared equally amongst the deceased persons children – Girls taking ½ and the boys taking ½.
F. Ntima/Igoki/5674 – Developed plot at Makutano.
Daughters to share ½ equally
Sons to share ½ equally
Gladys Kathure/Respondents Counsel herein adopted this mode of distribution and she swore an affidavit of accounts on 25th April 2017 and the 2nd Petitioner David Mwiraria is in agreement with the said distribution and account of rents collected from estate.
Daniel Mutwiris advocate M/S Kaberia Arimba and Co. Advocates have made proposals for distribution in the submissions filed on 24th August 2017 and said;
1. L.R. No. Kiirua/Ruiri/4543 should be shared equally by :-
Paul Mbaabu M’Igweta
Sarah Karimi
2. L.R. Kiirua/Ruiri/4546 to go to Samwel Mutembei wholly
3. That Gladys Kathure should account for Rents received from developments on L.R. Ntima/Igoki/5674 and Kiirua/Ruiri/676.
4. He said L. R. No. Ntima/Igoki/3478 to be shared among the beneficiaries.
5. L.R. Ntima/Igoki/5674 to be shared equally among all beneficiaries.
6. L.R. No. Kiirua/Ruiri/676 to be shared equally among:-
Daniel Mutwiri
Julius Muriuki
Samuel Mutembei
Martha Kinya
David Mwiraria
Gladys Kathure
Daniel Mutwiri said that L.R. No. 4543 resulted from subdivision of L.R. Kiirua/Ruiri/821 and L.R. No. Kiirua/Ruiri/4546 resulted from subdivision of L.R. Kiirua/Ruiri/1256.
Daniel does not explain who Samuel Mutembei is as his name does not appear in the chiefs letter as a dependant or beneficiary of the deceased. The name does not also appear in form P & A 5. This court finds that 1st petitioner stands on his own as far as mode of distribution is concerned. The proposed mode of distribution supported by 2nd Administrator and Respondent Gladys Kathure was agreed on by all the beneficiaries in the presence of the chief of Ruiri Location and in view of this court considers all the beneficiaries of the deceased and is a fair and just distribution. All the properties have been distributed in a balanced manner amongst the beneficiaries and a certificate should issue to that effect.
HON. A.ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 9th DAY OF AUGUST 2018.
IN THE PRESENCE OF:
C/A: Penina
Mr Gikunda Anampiu for 2nd Administrator
Applicant:- N/A
MS Kaberia Arimba Advocate for 1st Administrator
Respondent:- N/A
Daniel Mutwiri – Present in person
David Mwiraria – Present in person
Gladys Kathure- Present in person
HON. A.ONG’INJO
JUDGE