[2023] KEHC 2536 (KLR)
The court found that both Nyeri Municipality Block 1/818 and Tetu Kihuyo/389 were either transferred or distributed during the deceased's lifetime and thus do not form part of the estate for distribution. The claim for reimbursement of Kshs 36,250 for motor vehicle repairs was rejected as the co-administrator had...
Source-derived case information.
- Citation
- [2023] KEHC 2536 (KLR)
- Parties
- Applicant: John Maina Wanjohi & others; Respondent: Reah Kirigo Wanjohi & others
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 989 of 2014
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant and Protest
- Outcome
- Protest dismissed in part; confirmation of grant allowed with modifications.
- Judges
- M Muya
- Legal Topics
- Confirmation of Grant, Distribution of Estate, Intermeddling With Estate, Joint Bank Accounts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Maina Wanjohi & others
Applicant
Reah Kirigo Wanjohi & others
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant and Protest
Legal Issues
- 1 Whether all assets of the deceased were properly disclosed and included in the schedule for distribution.
- 2 Whether Nyeri Municipality Block 1/818 and Tetu Kihuyo/389 formed part of the deceased's estate for distribution.
- 3 Whether the co-administrator is entitled to reimbursement for motor vehicle repairs from the estate.
Ratio Decidendi
The court found that both Nyeri Municipality Block 1/818 and Tetu Kihuyo/389 were either transferred or distributed during the deceased's lifetime and thus do not form part of the estate for distribution. The claim for reimbursement of Kshs 36,250 for motor vehicle repairs was rejected as the co-administrator had exclusive use of the vehicle; the vehicle is to be sold and proceeds shared equally among beneficiaries. Regarding Barclays Bank Account No. 030-xxxxxx, only the deceased's share is to be distributed among the beneficiaries, with the remaining shares going to the surviving joint account holders. The rest of the estate is to be distributed as per the uncontested schedule of assets.
Court Disposition
Protest dismissed in part; confirmation of grant allowed with modifications.
Orders
- Nyeri Municipality Block 1/818 and Tetu Kihuyo/389 are excluded from the estate for distribution.
- Motor vehicle registration No. KAE xxx Z to be sold and proceeds shared equally among beneficiaries; no reimbursement for repairs to be made to the co-administrator.
Full Case Text
Judgment text and source record
31 paragraphs
In re Estate of Mary Nyawira Wanjohi (Deceased) (Succession Cause 989 of 2014) [2023] KEHC 2536 (KLR) (28 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2536 (KLR)
Republic of Kenya
In the High Court at Nyeri
Succession Cause 989 of 2014
M Muya, J
March 28, 2023
Between
John Maina Wanjohi & others
Petitioner
and
Reah Kirigo Wanjohi & others
Respondent
Ruling
1. Summons for confirmation of grant dated May 16, 2016 were filed in court on even date.
2. Subsequently, on the 13th day of June 2016, the protestor herein filed an affidavit of protest.
3. He depones that the application for confirmation of grant made by his co-administrator was not made in good faith as the schedule of assets do not disclose all of the deceased’s assets as at the time of her death.
4. It is the protestor’s contention that his co-administrators schedule of assets has left out two main assets.(a)Nyeri municipality block 1/818 ( old No.45)(b)Tetu Kihuyo/389 – ¼ share that these properties form part of the Deceased Estate.
5. It is further contended that the co-administrators demand that she be re-imbursed Kshs 36,250/= being repair charges for motor vehicle registration No.KAE xxxZ is outrageous since she has been using the motor vehicle in question.
6. It is disputed the allegation that Nyeri/Municipality/Block 1/818 (old No.45) was transferred to the Co-administrator and her co-objectors. That Francis Murugu Chege in his affidavit dated August 19, 2014 denies this allegation and depones that the deceased had indicated that she was transferring the above property to herself and her daughters.
7. That Barclays account No.030-xxxxxx Nyeri Branch should be shared equally among the beneficiaries and it be closed thereafter.
Analysis and Conclusion 8. Nyeri Municipality Block 1/818 (old plot No.45) was subjected to litigation in Civil Suit No. 259 of 2014 in Nyeri Chief Magistrates court, wherein the plaintiffs were Leah Kirigo Wanjohi, Jane Wangui Wanjohi and Esther Wanjiru Wanjohi.The defendants were John W. Wanjohi, Elijah Wanjohi and Wachira Njeru. T/A Anika Commercial Agencies. This suit was heard and determined on April 24, 2020.
9. The Court found that the deceased had transferred the said property to the plaintiffs during her life time.
10. Further that the plaintiffs’ used to collect rent from the said property when the deceased was still alive. The Defendants were ordered to render an account of all the rent collected and surrender it to the plaintiffs.
11. There is no evidence to the effect that the defendants had appealed the decision of the Court and hence change of circumstances. As there is none shown to this court, I find that the property Nyeri Municipality 1/818 was properly bequeathed to the deceased daughters during her life time.
12. As regards the property Nyeri/Kihunyo/389. It’s the contention of the co-administrator that it was distributed during the life time of the Deceased and that’s why it was not included in the Schedule of properties for distribution.
13. This assertion by the co-administrator has not been contested. I find the issue of the property Tetu/Kihunyo/389 does not fall in this Succession Cause as the distribution was done during the Deceased life time. The same applies to the property Nyeri/Municipality Block 1/818.
14. I have noted that the co-administrator has admitted to have been using motor vehicle registration No. KAE xxx Z. She wants a reimbursement of Kshs. 36,250/= before sharing the proceeds of the sale of the vehicle, after being given the first option of buying. I find the repairs were in order but she was the one using the vehicle in question. It would not be fair to ask the other beneficiaries to foot the bill for the repairs. The motor vehicle to be sold and the proceeds to be shared equally among the beneficiaries. Parties to agree on the best purchaser for value.
15. Account No.030-39 Barclays Bank Nyeri. The affidavit in support of the summons for confirmation proposes that 1/3rd of the funds be shared equally amongst the beneficiaries. The Protestors contention is that the whole amount in the account be shared equally.
16. It is the contention by the co-administrator that the said account is a joint one between the deceased and her sisters. It is this courts view that if the account is a joint one as alleged. It is only the portion of the deceased that should be distributed equally among the beneficiaries.The remaining 2/3rds should go to the other two joint account holders.The distribution should be as per the court’s ruling and or according to the other uncontested properties.
RULING READ, SIGNED AND DELIVERED IN OPEN COURT AT NYERI THIS 28TH DAY OF MARCH, 2023. HON. JUSTICE MARTIN M. MUYAJUDGEIn the presence of:Macharia : …………………PETITIONERS/PROTESTORS………………………………RESPONDENTSCourt Assistant: Kinyua30 days R/A.HON. JUSTICE MARTIN M. MUYAJUDGE OF THE HIGH COURT