[2024] KEHC 342 (KLR)
The court held that since Eunice Nkatha Igweta is deceased, her share in Isiolo plot no. 82 must vest in her estate and cannot be redistributed within this succession cause. Any attempt to transfer Geoffrey Muthamia’s share in the property to Tom Joseph Kinoti is not a matter for succession proceedings, as Tom...
Source-derived case information.
- Citation
- [2024] KEHC 342 (KLR)
- Parties
- Applicant: Edward Kanyamu M’mugambi; Respondent: Eunice Nkatha Igweta (deceased); Respondent: Geoffrey Muthamia
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 14 of 1994
- Procedural Posture
- Succession Cause / Ruling on Summons for Redistribution of Estate Asset
- Outcome
- Application for redistribution and transfer declined; rectification of grant ordered.
- Judges
- TW Cherere
- Legal Topics
- Succession, Confirmation of Grant, Estate Distribution, Rectification of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Kanyamu M’mugambi
Applicant
Eunice Nkatha Igweta (deceased)
Respondent
Geoffrey Muthamia
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Redistribution of Estate Asset
Legal Issues
- 1 Whether the share of a deceased beneficiary (Eunice Nkatha Igweta) in Isiolo plot no. 82 can be redistributed in this succession cause.
- 2 Whether the applicant can transfer Geoffrey Muthamia’s share in Isiolo plot no. 82 to Tom Joseph Kinoti within the succession proceedings.
Ratio Decidendi
The court held that since Eunice Nkatha Igweta is deceased, her share in Isiolo plot no. 82 must vest in her estate and cannot be redistributed within this succession cause. Any attempt to transfer Geoffrey Muthamia’s share in the property to Tom Joseph Kinoti is not a matter for succession proceedings, as Tom Joseph Kinoti is neither a beneficiary nor has any demonstrated nexus to the estate. The court therefore declined the prayers for redistribution and transfer, and ordered rectification of the Certificate of Confirmation of Grant to reflect that Eunice Nkatha Igweta’s share vests in her estate. The matter was set for mention to confirm compliance and for further directions.
Court Disposition
Application for redistribution and transfer declined; rectification of grant ordered.
Orders
- The Certificate of Confirmation of Grant dated 20th December, 2005 shall be rectified to the extent that the ½ share for Eunice Nkatha Igweta in Isiolo plot no. 82 shall vest in her estate.
- The prayer to transfer Geoffrey Muthamia’s share in Isiolo plot no. 82 to Tom Joseph Kinoti is declined as it is not a succession matter.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of M’ikiugu Mugambi M’muga (Deceased) (Succession Cause 14 of 1994) [2024] KEHC 342 (KLR) (25 January 2024) (Ruling)
Neutral citation: [2024] KEHC 342 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 14 of 1994
TW Cherere, J
January 25, 2024
IN THE MATTER OF THE M’IKIUGU MUGAMBI M’MUGA AND IN THE MATTER OF REDISTRIBUTION OF THE SHARE FOR EUNICE NKATHA IGWETA (DECEASED BENEFICIARY) AND GEOFFREY MUTHAMIA IN ISIOLO PLOT NO. 82
In the matter of
Edward Kanyamu M’mugambi
Applicant
Ruling
1. By Certificate of Confirmation of Grant dated 20th December, 2005, one of Deceased’s assets namely Isiolo plot no. 82 was distributed in equal shares to Eunice Nkatha Igweta and Geoffrey Muthamia.
2. By summons dated 16th November, 2023, Applicant seeks to distribute the said asset to one Tom Joseph Kinoti .
3. The said Tom Joseph Kinoti to whom the Applicant proposes to distribute to said asset to in not a beneficiary of deceased’s estate and neither has his nexus to the estate been explained.
4. It is worthy noting that Eunice Nkatha Igweta is now deceased and an invitation to distribute her entitlement in this cause is therefore untenable and it is declined.
5. In the end, it is hereby ordered as follows:1)Now that Eunice Nkatha Igweta is deceased, the Certificate of Confirmation of Grant dated 20th December, 2005 shall be rectified to the extent that the ½ share for Eunice Nkatha Igweta in Isiolo plot no. 82 shall vest in her estate2)The prayer to transfer Geoffrey Muthamia’s in Isiolo plot no. 82 to Tom Joseph Kinoti is not a succession matter and it is declined3)This cause shall be mentioned on 29th April, 2024 to confirm compliance with these orders and for further orders and/or directions
DATED AT MERU 25 TH/ DAY OF JANUARY 2024. WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicant - N/A for Mbaabu M’Inoti & Co. Advocates