[2018] KEHC 1226 (KLR)
The court found that the deceased's estate, specifically LR NJIA/BURI-E-RURI/3350, should be distributed jointly among the daughters of the deceased and his first wife, as the interested party and her son already occupy a separate parcel (LR 3349) which is not part of the estate to be distributed. The court reasoned...
Source-derived case information.
- Citation
- [2018] KEHC 1226 (KLR)
- Parties
- Petitioner: Grace Mbero; Interested Party: Bronica Kabichu M’etuankure
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 20 of 2009
- Procedural Posture
- Succession Cause / Ruling on Distribution of Estate and Protest
- Outcome
- Estate to be distributed jointly among daughters of the deceased and his first wife; interested party to continue occupation of her current parcel; no order as to costs.
- Legal Topics
- Succession, Intestate Estate Distribution, Joint Administration, Revocation of Grant, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grace Mbero
Petitioner
Bronica Kabichu M’etuankure
Interested Party
Procedural Posture
Succession Cause / Ruling on Distribution of Estate and Protest
Legal Issues
- 1 Whether the grant made to Grace Mbero Karuti should be revoked as sought by the interested party.
- 2 How the estate of the deceased, specifically LR NJIA/BURI-E-RURI/3350, should be distributed among the beneficiaries.
- 3 Whether the interested party and her son have any further claim to the estate beyond their current occupation.
Ratio Decidendi
The court found that the deceased's estate, specifically LR NJIA/BURI-E-RURI/3350, should be distributed jointly among the daughters of the deceased and his first wife, as the interested party and her son already occupy a separate parcel (LR 3349) which is not part of the estate to be distributed. The court reasoned that there was no evidence that the interested party was entitled to further benefits from the estate, and that subdivision of the remaining parcel among the daughters was the most equitable solution. The application for revocation of grant was effectively compromised by appointing both the petitioner and the interested party as joint administrators, and the court directed...
Court Disposition
Estate to be distributed jointly among daughters of the deceased and his first wife; interested party to continue occupation of her current parcel; no order as to costs.
Orders
- LR NJIA/BURI-E-RURI/3350 to be shared jointly among the daughters of the deceased and his first wife.
- Interested party to continue staying with her son on their current parcel as previously settled by the deceased.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF KENYA
AT MERU
SUCCESSION CAUSE NO.20 OF 2009
IN THE MATTER OF THE ESTATEOF M’ETUANKURE KARITHO (DECEASED)
GRACE MBERO..........................................................................PETITIONER
VERSUS
BRONICA KABICHU M’ETUANKURE...................INTERESTED PARTY
RULING
This cause relate to the estate of M’tuankure Karitho who died on 28th July 2007aged 87 years old while domiciled at Muringene within Meru county.
According to the chief’s letter dated 2nd April 2009 from Chief of Muringene location the deceased was survived by:
1. Veronica kabichu - widow
2. Grace Mbero – Daughter
3. Ruth Kaimba – Daughter
4. Beatrice Ndiu – Daughter
5. Magret Gitura – Daughter
6. Ziphora Ncoolo – Daughter
7. Ngiri Mbaabu – Daughter deceased.
8. Stanley Mwiringi – Son
9. Mary Nkatha – Daughter
The net intestate was listed as NJIA/BURI-E-RURI/3350 upon which miraa trees grow. Grace Mbero, John Karuti was appointed Administrator on 4th august 2011. Application dated 13th June 2012 was filed by Bronica Kabichu M’etuannkure who claimed to be the wife of the deceased. She sought that grant made to Grace Mbero Karuti be revoked.
An application dated 26th march 2012 was also filed by Grace Mbero seeking that her step Mother, brother be restrained from interfering with her other sister peaceful occupation of LR NJIA/BURI-E-RURI/3350 on 24/7/2017 the applications were compromised by having petitioner interested party being made joint administrators with directions that proposals for distribution be filed either jointly or separately. The interested party during the hearing of the protest admitted her son lived with her on LR NJIA/BURI-E-RURI/3350 which is in her son’s name whereas L.R NJIA/BURI-E-RURI/3350 remained in the deceased person name and that is what should be distributed. She claimed the deceased have the petitioner her sister land but they sold. She was however not able to give particulars of the land given to petitioner.
The petitioner in her testimony send her mother was not given any land by the deceased she said the deceased left behind 2 parcels of land which the interested party took. She said her mother sued 6 daughters and the parcel of land in the deceased person’s name is due to her mother’s house. She said it is the interested party who registered on of the parcels in her son’s name from evidence on records interested party stays with her son on L.R 3349 which measures on acres whereas L.R 3350 is only 0. 72 acres. This court is of the view that if the deceased had intended that he gets any more benefits from the estate she would not have moved her son on his portion of the land.
L.R 3350 which remains to be distributed would even be economical to be subdivided amongst the 6 daughters of the deceased person and his 1st wife.
I n the circumstances it shall be shared jointly amongst the daughters of the deceased while interested party shall continue staying with her son the same way the deceased settled her.
No orders to cost
HON. A. ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 22ND DAY OF NOVEMBER, 2018
IN THE PRESENCE OF:
C/A – Kinoti
Mr. Nyenyire H/B for Rimita for Protestor
Mr. Gitonga Advocate for Petitioner
HON. A. ONG’INJO
JUDGE
22/11/2018