[2019] KEHC 7966 (KLR)
The court found that there was a clear mistake in the original judgment, as Florence Kaimenyi, who had purchased 0.5 acres from the 1st Protestor, was not allocated her share in the distribution of the estate. The 1st Protestor admitted to the sale, and the court recognized that the interested party was entitled to...
Source-derived case information.
- Citation
- [2019] KEHC 7966 (KLR)
- Parties
- Applicant: Cyprian Murori M’Arimi; Respondent: Francis Mutua; Respondent: Angelica Mberenya M’Karimbi; Respondent: Muchui Karimbi; Interested Party: Florence Kaimenyi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 505 of 2008
- Procedural Posture
- Succession Cause / Ruling on Application for Review and Rectification of Grant
- Outcome
- application for review allowed; grant rectified
- Judges
- A Mabeya
- Legal Topics
- Succession, Distribution of Estate, Rectification of Grant, Purchaser Interest, Beneficiary Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cyprian Murori M’Arimi
Applicant
Francis Mutua
Respondent
Angelica Mberenya M’Karimbi
Respondent
Muchui Karimbi
Respondent
Florence Kaimenyi
Interested Party
Procedural Posture
Succession Cause / Ruling on Application for Review and Rectification of Grant
Legal Issues
- 1 Whether there was a mistake apparent on the face of the record in the distribution of the estate.
- 2 Whether Florence Kaimenyi, as purchaser of a share from the 1st Protestor, is entitled to a portion of the estate.
- 3 Whether the distribution should be rectified to ensure equality among beneficiaries.
Ratio Decidendi
The court found that there was a clear mistake in the original judgment, as Florence Kaimenyi, who had purchased 0.5 acres from the 1st Protestor, was not allocated her share in the distribution of the estate. The 1st Protestor admitted to the sale, and the court recognized that the interested party was entitled to the 1st Protestor's share, but not more than any other beneficiary. The court further held that all beneficiaries, including Florence Kananu (widow of a deceased son), should receive equal shares. Consequently, the grant was rectified to distribute the estate equally among the beneficiaries, including the interested party, in accordance with the principles of equality and...
Court Disposition
application for review allowed; grant rectified
Orders
- The application dated 28th February, 2019 is allowed.
- The grant is rectified to distribute the estate as specified in the ruling.
Full Case Text
Judgment text and source record
49 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO 505 OF 2008
IN THE MATTER OF THE ESTATE OF M’ARIMBI M’MUTUA (DECEASED)
CYPRIAN MURORI M’ARIMI......................................PETITIONER
VERSUS
FRANCIS MUTUA....................................................1ST PROTESTOR
ANGELICA MBERENYA M’KARIMBI................2ND PROTESTOR
MUCHUI KARIMBI................................................3RD PROTESTOR
AND
FLORENCE KAIMENYI...............................INTERESTED PARTY
R U L I N G
1. This Ruling relates to the interested party’s Summons dated 29th February 2019. In that application, the interested party sought an order for the review of the judgment delivered on 21st February, 2019. That judgment had distributed the deceased’s entire estate as follows: -
i)Abothuguchi/Kariene/2078 (2. 7095 Acres)
Florence Kananu - 0. 632 Acres
Angelica Mberenya - 0. 316 Acres
Julius Kinoti - 0. 316 Acres
Lazaro Gitonga - 0. 316 Acres
Muchui Karimbi - 0. 316 Acres
Mary Kajuju - 0. 316 Acres
Purity Kinyua - 0. 316 Acres
Stella Mukami - 0. 316 Acres
ii) Abothuguchi/ Kariene/2247 (0. 4520 Acres)
Stella Mukami - 0. 136 Acres
Sarah Kagwira - 0. 316 Acres
2. The basis for the review is that; there is a mistake apparent on the face of the record in the distribution of the estate in that, the Court granted 0. 632 Acres from L.R No. Abothuguchi/Kariene/2078 to Florence Kananu and left out Florence Kaimenyiwho had a claim of 0. 5 acres belonging to Francis Mutua.
3. In the judgment, this Court observed as follows: -
“….the Interested party is entitled to the share of the estate both as wife of a son of the deceased and holder of the 1st protestors interest and share.”
4. The convergence and error in the Judgment is clear. The interested party, Florence Kaimenyi was a purchaser of ½ an acre of the 1st Protestors share in the property whereas Florence Kananu was a wife of the deceased’s son by the name Francis Mugambi.
5. Given that the 1st Protestor admitted to have sold his portion of the share in the estate to Florence Kaimenyi, she is entitled to the 1st Protestor’s share and nothing more. Further, since the estate would not have allowed the 1st Protestor to be entitled to more than the other beneficiaries, the share to be given to the Interested Party shall not exceed that of the other beneficiaries.
6. As regards Florence Kananu,she will only be entitled to the share due to her late husband which, in any event, must be equal to the share of all the others.
7. In this regard, the application dated 28th February, 2019 is hereby allowed and the grant rectified as follows:-
i) Abothuguchi/Kariene/2078 (2. 7095 Acres)
Florence Kananu - 0. 2874 Acres
Florence Kaimenyi - 0. 2874 Acres
Angerica Mberenya - 0. 2874 Acres
Julius Kinoti - 0. 2874 Acres
Lazaro Gitonga - 0. 2874 Acres
Muchui Karimbi - 0. 2874 Acres
Mary Kajuju - 0. 2874 Acres
Purity Kinyua - 0. 2874 Acres
Stella Mukami - 0. 1229 Acres
ii) Abothuguchi/ Kariene/2247 (0. 4520 Acres)
Stella Mukami - 0. 1646 Acres
Sarah Kagwira - 0. 2874 Acres
8. This being a Succession Cause. I order each party to bear own costs.
DATED and DELIVEREDat Meru this 2nd day of May, 2019.
A. MABEYA
JUDGE