[2024] KEHC 7618 (KLR)
The court found that the deceased had made certain bequests to some of his children during his lifetime, and that all surviving beneficiaries had consented to the proposed mode of distribution as set out by the applicant in his affidavit. The court noted that the relevant title deeds and official searches confirmed...
Source-derived case information.
- Citation
- [2024] KEHC 7618 (KLR)
- Parties
- Applicant: James Mwenda Kabeere; Respondent: Judith Tirindi Kabere; Respondent: Pheneas Kinyua Kabere (deceased); Respondent: Florence Gacheri Kabere; Respondent: Antonny Karani Kabere; Respondent: Catherine Muthoni Kabere (deceased); Respondent: Millicent Kagwiria Kabere; Respondent: Jamlick Kimathi Kabere; Respondent: Stanley Mwiti Kabere
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E010 of 2022
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant
- Outcome
- Summons for confirmation of grant allowed; estate to be distributed as proposed by the applicant; no order as to costs.
- Judges
- EM Muriithi
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate, Consent of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Mwenda Kabeere
Applicant
Judith Tirindi Kabere
Respondent
Pheneas Kinyua Kabere (deceased)
Respondent
Florence Gacheri Kabere
Respondent
Antonny Karani Kabere
Respondent
Catherine Muthoni Kabere (deceased)
Respondent
Millicent Kagwiria Kabere
Respondent
Jamlick Kimathi Kabere
Respondent
Stanley Mwiti Kabere
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant
Legal Issues
- 1 How should the estate properties of the deceased be distributed among the beneficiaries in accordance with the law and the wishes of the deceased?
- 2 Whether the bequests made by the deceased during his lifetime should be taken into account in the distribution of the estate.
- 3 Whether the beneficiaries have consented to the proposed mode of distribution.
Ratio Decidendi
The court found that the deceased had made certain bequests to some of his children during his lifetime, and that all surviving beneficiaries had consented to the proposed mode of distribution as set out by the applicant in his affidavit. The court noted that the relevant title deeds and official searches confirmed the distribution of some properties to specific beneficiaries. In the absence of any objection and with the agreement of all parties, the court held that the estate should be distributed in accordance with the proposal made by the applicant. The court therefore allowed the summons for confirmation of grant and ordered that the estate properties be distributed as proposed, with...
Court Disposition
Summons for confirmation of grant allowed; estate to be distributed as proposed by the applicant; no order as to costs.
Orders
- The estate properties shall be distributed in accordance with the proposal made by the petitioner at paragraph (f) of his affidavit in support of the summons for confirmation of grant.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of M’Ikiugu Ikiara alias M’Ikiugu M’Kiaira alias Stanley Kabere M’Ikugu alias Stanely K Mikiungu (Deceased) (Succession Cause E010 of 2022) [2024] KEHC 7618 (KLR) (20 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7618 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause E010 of 2022
EM Muriithi, J
June 20, 2024
IN THE MATTER OF THE ESTATE OF M’IKIUGU IKIARA alias M’IKIUGU M’KIAIRA alias STANLEY KABERE M’IKUGU alias STANELY K MIKIUNGU (DECEASED)
In the matter of
James Mwenda Kabeere
Petitioner
Ruling
1. The deceased herein, M’ikiugu Ikiara Alias M’ikiugu M’kiaira Alias Stanley Kabere M’ikugu Alias Stanely K Mikiungu died on 1st March, 2014 survived by Judith Tirindi Kabere – wife, Pheneas Kinyua Kabere – (deceased son), Florence Gacheri Kabere – daughter, Antonny Karani Kabere – son, Catherine Muthoni Kabere – (deceased daughter), Millicent Kagwiria Kabere – daughter, Jamlick Kimathi Kabere – son, James Mwenda Kabere – son and Stanley Mwiti Kabere – son.
2. The estate of the deceased comprises of L.R No. Abothuguchi/githongo/815, L.r No. Abothuguchi/githongo/4039, Plot No. C42 Section Umoja 1, Plot No. C21 Meru, KCB Shares and Kenya Airways Shares (henceforth called the estate properties).
3. In his summons for confirmation of grant dated 14/9/2023, the petitioner proposes how the estate properties ought to be distributed at paragraph f thereof.
4. The petitioner swore a further affidavit on 17/2/2024 deponing that the deceased had made several bequests to Millicent Kagwiria Kabeere, Phineas Kinyua Kabeere, Florence Karani Kabeere, Antony Karani Kabeere and Judith Tirindi Kabeere during his lifetime.
Determination 5. The issue for determination is how the estate properties ought to be distributed.
6. Phineas Kinyua Kabere (deceased son) is survived by Alex Mutuma - grandson, David Muriungi Kinyua - grandson, Brian Koome Kinyua – grandson and Edwin Kithinji Kabere- grandson, while Catherine Muthomi Kabere (deceased daughter) is survived by Harun Muthomi –son-in-law, Verah Mwendwa Muthomi – granddaughter, Maxwel Munene Muthomi – grandson and Willen Shaw Gitinga Muthomi – grandson.
7. The court notes that Stanley Mwiti Kabeere, James Mwenda Kabeere, Alex Mutuma Kinya, Harun Muthomi, Millicent Kagwiria Kabere, Judith Tirindi Kabere and Doris Karuru Murega attended court on 22/1/2024 and 20/3/2024 and consented to the proposed mode of distribution by the petitioner.
8. The court further notes title deeds to Abothuguchi/Githongo/3359 in the name of Judith Tirindi Kabere, Abothuguchi/Githongo/3357 in the name of Millicent Kagwiria Kabeere and Abothuguchi/Githongo/3356 in the names of Phineas Kinyua Kabere, Alex Mutuma Kinyua, David Muriungi Kinyua, Edwin Kithinji Kinyua and Koome Kinyua.
9. The court also notes the certificates of official searches for Abothuguchi/Githongo/3358 in the name of Florence Gaceri Kabeere and Abothuguchi/Githongo/1674 in the names of Antony Karani and Florence Wanjugu.
10. From the material placed before the court, this court finds that the deceased had bequeathed some of his properties to some of his children during his lifetime.
Orders 11. Since the beneficiaries are in agreement with the mode of distribution proposed by the petitioner at paragraph f of his affidavit in support of the summons for confirmation of grant, this court allows the summons for confirmation of grant dated 14/9/2023 as prayed.1. The estate properties shall be distributed in accordance with the proposal made by the petitioner at paragraph (f) of his affidavit in support of the summons for confirmation of grant.2. There shall be no order as to costs.Order accordingly.
DATED AND DELIVERED ON THIS 20THDAY OF JUNE 2024. EDWARD M. MURIITHIJUDGEAppearances:Mr. James Mwenda, the Applicant in person.