[2018] KEHC 1301 (KLR)
The court held that the estate of the deceased should be distributed equally between his two sons, Henry Nkobu M’Magiri and the late M’Marete M’Magiri, in accordance with section 38 of the Law of Succession Act. Since M’Marete M’Magiri was deceased, his share was to be divided equally between his surviving children,...
Source-derived case information.
- Citation
- [2018] KEHC 1301 (KLR)
- Parties
- Applicant: Henry Nkobu M’Agiri; Respondent: Josephine Kajuju Nkobu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 666 of 2013
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant and Distribution of Estate
- Outcome
- Estate distributed in accordance with the Law of Succession Act; objection upheld in part.
- Judges
- A Mabeya, F Gikonyo
- Legal Topics
- Succession, Intestate Distribution, Confirmation of Grant, Inheritance Rights, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Henry Nkobu M’Agiri
Applicant
Josephine Kajuju Nkobu
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Distribution of Estate
Legal Issues
- 1 Whether the proposed distribution of the deceased's estate is in accordance with the Law of Succession Act.
- 2 Whether the objector, as a grandchild of the deceased, is entitled to a share of the estate.
- 3 How the estate should be distributed among the beneficiaries.
Ratio Decidendi
The court held that the estate of the deceased should be distributed equally between his two sons, Henry Nkobu M’Magiri and the late M’Marete M’Magiri, in accordance with section 38 of the Law of Succession Act. Since M’Marete M’Magiri was deceased, his share was to be divided equally between his surviving children, Josphat Kinoti Mwirichia and Josephine Kajuju Nkobu, pursuant to section 41 of the Act. The court found no basis for including Robert Kirimi Meme as a beneficiary, as his relationship to the deceased was not established. The proposed distribution by the applicant was rejected to the extent that it excluded a rightful beneficiary. The estate was therefore distributed as...
Court Disposition
Estate distributed in accordance with the Law of Succession Act; objection upheld in part.
Orders
- The estate of the deceased, being land parcel NTIMA/IGOKI/1, shall be distributed as follows: Henry Nkobu M’Magiri - 0.91 ha; Josphat Kinoti Mwirichia - 0.455 ha; Josephine Kajuju Nkobu - 0.455 ha.
- No order as to costs.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
SUCCESSION CAUSE NO. 666 OF 2013
IN THE MATTER OF THE ESTATE OF M’AGIRI BAIKWINGA alias AGIRI BAIKWINGA (DECEASED)
HENRY NKOBU M’AGIRI................................................PETITIONER
-V-
JOSEPHINE KAJUJU NKOBU............................................OBJECTOR
R U L I N G
1. M’Agiri Baikwinga alias Agiri Baikwinga died on 5th June, 1987. He left behind M’Marete M’Agiri and Henry Nkobu M’Agirias his survivors. He also left behind the property known as LAND PARCEL NP. NTIMA/IGOKI/1 as his estate.
2. On 5th December, 2013, Henry Nkobu M’Agiri, his son (“the petitioner”) petitioned for letters of administration intestate which was issued to him on 19th March, 2014. By a summons dated 19th March 2015, he applied for its confirmation proposing to distribute the estate as follows:-
a) Robert Kirimi Meme - 105ft by 50ft
b) Josphat Kinoti Mwirichia - 1 acre
c) Henry Nkobu M’ Agiri - balance
3. On 6th November, 2018, Josephine Kajuju M’Magirifiled an affidavit of protest against the proposed confirmation. She contended that as a daughter of one of the deceased’s children, M’Marete M’Magiri, she had not been provided for. She proposed that the estate be distributed as follows: -
NTIMA/IGOKI/1
a) Henry Nkobu M’Magiri - 2. 15 acres
b) Josephine Kajuju Nkobu - 2. 12 acre
c) Robert Kirimi Meme - 1/4 acre
4. The issue for determination is distribution of the estate. The deceased had only two sons, M’Marete M’Magiri (deceased) and Henry Nkobu M’Magiri. Under section 38 of the Law of Succession Act,the estate is to be distributed to the two equally. Since M’Marete M’Magiri however, has died and has left two children, his share will be distributed to his children Josphat Kinoti Mwirichiaand Josephine Kajuju Nkobuequally. The position of Robert Kirimi Meme vis a vis the deceased was not clear. It was not explained.
5. Accordingly, the estate of the deceased is to be distributed as follows: -
NTIMA/IGOKI/1
a) Henry Nkobu M’Magiri - 0. 91 ha
b) Josphat Kinoti Mwirichia - 0. 455 ha
c) Josephine Kajuju Nkobu - 0. 455 ha
6. This being a family matter, there will be no order as to costs.
SIGNED at Meru;
A. MABEYA
JUDGE
DATEDand DELIVERED at Meru this 13th day of December, 2018.
F. GIKONYO
JUDGE