[2011] KEHC 1931 (KLR)
The court found that the best interests of all beneficiaries would be served by distributing the estate through the proper process of confirmation of grant, rather than making piecemeal payments to individual beneficiaries. The court accepted the unchallenged allegations against the 2nd wife regarding prior...
Source-derived case information.
- Citation
- [2011] KEHC 1931 (KLR)
- Parties
- Respondent: Beatrice Ciomaroo M’Impwi; Respondent: John Bariu Mbaabu; Applicant: Charity Kanini M’Impwi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 343 of 2010
- Procedural Posture
- Succession Cause / Ruling on Interlocutory Application
- Outcome
- application dismissed
- Judges
- MM Kasango
- Legal Topics
- Distribution of Estate, Administration of Estate, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beatrice Ciomaroo M’Impwi
Respondent
John Bariu Mbaabu
Respondent
Charity Kanini M’Impwi
Applicant
Procedural Posture
Succession Cause / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the 2nd wife is entitled to an order for release of Kshs. 209,000 from the deceased's estate for payment of her children's school fees.
- 2 Whether the estate should be distributed in piecemeal or through confirmation of grant.
- 3 Whether allegations of misconduct by the 2nd wife affect her entitlement to the requested funds.
Ratio Decidendi
The court found that the best interests of all beneficiaries would be served by distributing the estate through the proper process of confirmation of grant, rather than making piecemeal payments to individual beneficiaries. The court accepted the unchallenged allegations against the 2nd wife regarding prior unauthorized withdrawals and pending criminal charges. Consequently, the application for release of Kshs. 209,000 was dismissed, and the administrator was ordered to proceed with the summons for confirmation of grant to ensure orderly and equitable distribution of the estate.
Court Disposition
application dismissed
Orders
- The Chamber Summons dated 19th May 2011 is dismissed with no orders as to costs.
- The administrator is ordered to immediately file the summons for confirmation of grant, to be fixed for hearing on a priority basis.
Full Case Text
Judgment text and source record
17 paragraphs
SUCCESSION
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
SUCCESSION CAUSE CASE NO. 343 OF 2010
IN THE MATTER OF THE ESTATE OF M’IMPWI KILAKU ALIASMBAABU M’IMPWI KILAKU (DECEASED)
BEATRICE CIOMAROO M’IMPWI ………………………….. 1ST RESPONDENT
JOHN BARIU MBAABU …………………....………………… 2ND RESPONDENT
VERSUS
CHARITY KANINI M’IMPWI ……….................…………………….. PETITIONER
RULING
When the deceased in this estate died he left behind a vast estate. He was equally survived by a large family of two wives and their children. All the surviving beneficiaries are 21 in number. A grant was issued to Beatrice Ciomaroo M’Impwi the 1st wife in this cause on 15th February 2011. The 2nd wife Charity Kanini M’Impwi was cited by the 1st wife because she failed to give her consent to the petition. The 2nd wife did not file an objection to the petition and hence why the grant was issued. The 2nd wife has filed an application by way of Chamber Summons dated 19th May 2011. By that application, she seeks an order that Kiegoi Tea Factory Company Ltd be ordered to release tea bonus of the deceased estate of Kshs. 209,000/= to the 2nd wife to be used by her to pay school fees of her children she bore with the deceased. The 2nd wife argued that if the money is not released her children who are young and were of school going age will miss their education. She deponed that the order of release of those funds would not prejudice the 1st wife because the children of the 1st wife are grown up and self reliant. The 1st wife stated in her replying affidavit that the 2nd wife has come to court with unclean hands and was therefore undeserving of the prayers that she seeks. The 1st wife deponed her in her affidavit that the 2nd wife forged the burial permit of the deceased and is presently facing criminal charges which are still pending before Maua Court. To that end, she annexed the charge sheet setting out those offences against the 2nd wife before that court. Further the 1st wife stated that the 2nd wife without the authority of this court withdrew Kshs. 266,539. 05/= from the deceased’s account which she transferred to her account. The 2nd wife did not respond to those allegations and therefore the court does accept them to be correct. In order to ensure that this vast estate is not wasted, I find that the best interest of all beneficiaries will be served by the same being distributed rather than ordering payment to any beneficiary in piecemeal. I therefore order as follows:-
1. The Chamber Summons dated 19th May 2011 be and is hereby dismissed with no orders as to costs.
2. The administrator of this estate is hereby ordered to immediately file the summons for confirmation of grant and the same shall be fixed for hearing on priority basis.
Dated, signed and delivered at Meru this 30th June 2011.
MARY KASANGO
JUDGE