[2017] KEHC 7053 (KLR)
The court determined that it would be unlawful and unjust to distribute the estate solely to the two co-administrators, as the affidavits on record failed to disclose the existence and rights of other potential beneficiaries, namely the children of the deceased brothers. The court found the material on record...
Source-derived case information.
- Citation
- [2017] KEHC 7053 (KLR)
- Parties
- Petitioner: Joses Nkoroi M'Mburugu; Applicant: M'Chabari M'Magiri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 226 of 2001
- Procedural Posture
- Succession Cause / Ruling on Distribution of Estate; Judgment Arrested Pending Further Inquiry
- Outcome
- Judgment arrested; further inquiry ordered before distribution.
- Judges
- A Mabeya
- Legal Topics
- Succession of Estates, Beneficiary Rights, Distribution of Property, Administrator Duties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joses Nkoroi M'Mburugu
Petitioner
M'Chabari M'Magiri
Applicant
Procedural Posture
Succession Cause / Ruling on Distribution of Estate; Judgment Arrested Pending Further Inquiry
Legal Issues
- 1 Whether the estate can be lawfully distributed solely to the two co-administrators to the exclusion of other beneficiaries.
- 2 Whether the affidavits and material on record sufficiently disclose all beneficiaries entitled to the estate.
- 3 Whether the court can proceed to judgment without full disclosure of all potential beneficiaries.
Ratio Decidendi
The court determined that it would be unlawful and unjust to distribute the estate solely to the two co-administrators, as the affidavits on record failed to disclose the existence and rights of other potential beneficiaries, namely the children of the deceased brothers. The court found the material on record insufficient for a fair and just judgment and held that proceeding without full disclosure would likely result in future disputes and injustice. Accordingly, the court arrested the judgment and directed all relevant parties, including siblings and the local chief, to appear and provide further information to ensure all beneficiaries are considered in the distribution of the estate.
Court Disposition
Judgment arrested; further inquiry ordered before distribution.
Orders
- Judgment on distribution is arrested pending further inquiry.
- All parties, including the named buyer Silas Micheni Bundi and all siblings, to appear before the court on 13th March, 2017.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCC CAUSE NO. 226 OF 2001
IN THE ESTATE OF M'MAGIRI M'MIRITI
JOSES NKOROI M'MBURUGU ….............................................PETITIONER
VS
M'CHABARI M'MAGIRI............................................................. APPLICANT
RULING
This matter was reserved for judgment to be delivered on 16/2/17. When the matter came up for mention on 9/1/17, Ms Kioome informed the court that the parties had been directed to file submissions. Whilst the Respondent had filed his submissions, the objection/applicant had not. The order for submissions on distribution was made on 28/10/13 and severally thereafter, the last of them being on 20/12/16.
This is a 2004 matter. It has been in our courts for 16 years now. The deceased died in 1993. Along time indeed.
When I retired to write the judgment I noted the following:-
(a) As early as 2001, the Chief disclosed that this is a trust propriety between two brother, the diseased and his brother M'Mburugu M'Miriti.
(b) That both the brother had died their families behind.
(c) It goes without say that the beneficiaries of the estate are the children of the said two families and not only the two administrators that are before court.
(d) the affidavits on record have completely remained mum about the other children of the said two deceased brothers.
(e) the two co-administrators urge the court to distribute the estate to them alone to the exclusion of all the rest. That will be unlawful in the opinion of this court since it is clear that these are not the children of the deceased.
(f) In this regard, the material on record is not sufficient to deliver a fair and just judgment.
I say so because, if the estate registered in the name of the two co-administrators ( and probably the named purchaser whose interest is clear) this may be the source of squabbles and endless disputes on the ground in that there two may never consider their siblings in future who also have equal rights. It is regrettable that these parties have come thus far and seen not to get the assistance they need.
Accordingly, under Article 159 of the Government of Kenya. I arrest the judgment and direct that the parties do appear before me on 13th March, 2017 together with the named buyer Silas Micheni Bundi they should attend court together with all their siblings.
In additionSummonsare issued to the Chief of Abogeta location to attend Court onthat day to enlighten the Court about the family of M'Mmagiri M'Miriti and Mmburugu M'Miriti who are the beneficiaries of the estate of the deceased.
It is so ordered.
A. MABEYA
JUDGE
Ruling delivered in open court in the presence of Ms Kiume and absence of he objector counsel.
DATE AT MERU THIS 16TH DAY OF FEBRUARY 2017
A. MABEYA
JUDGE
16/2/17