[2020] KEHC 9033 (KLR)
The court found that the estate of the deceased should be distributed equally among the surviving children as stipulated by Section 38 of the Law of Succession Act. The court rejected the applicant’s unsupported allegation that one property was given to him by the deceased, as there was no evidence to substantiate...
Source-derived case information.
- Citation
- [2020] KEHC 9033 (KLR)
- Parties
- Applicant: Charles Murangiri; Respondent: Festus King’ori
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 65 of 1999
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant and Distribution of Estate
- Outcome
- Grant of letters of administration confirmed; estate distributed among surviving beneficiaries as ordered.
- Judges
- A Mabeya
- Legal Topics
- Intestate Succession, Distribution of Estate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Murangiri
Applicant
Festus King’ori
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Distribution of Estate
Legal Issues
- 1 How should the estate of M’Miriti Thiora (deceased) be distributed among the surviving beneficiaries under intestate succession laws?
- 2 Whether the allegation that one property was given to Charles Murangiri by the deceased is supported by evidence.
Ratio Decidendi
The court found that the estate of the deceased should be distributed equally among the surviving children as stipulated by Section 38 of the Law of Succession Act. The court rejected the applicant’s unsupported allegation that one property was given to him by the deceased, as there was no evidence to substantiate the claim. The court confirmed the joint grant of letters of administration to Charles Murangiri and Festus King’ori and ordered the distribution of the estate according to the surviving beneficiaries, allocating specific parcels to each based on the available evidence and the law.
Court Disposition
Grant of letters of administration confirmed; estate distributed among surviving beneficiaries as ordered.
Orders
- The grant of letters of administration issued to Charles Murangiri and Festus King’ori jointly on 19/9/2019 is confirmed.
- LR. No. Abothuguchi/Kariene/1880 (1.214Ha) is allocated to Charles Murangiri.
Full Case Text
Judgment text and source record
44 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 65 OF 1999
IN THE MATTER OF THE ESTATE OF M’MIRITI THIORA (DECEASED)
CHARLES MURANGIRI................PETITIONER
-VS-
FESTUS KING’ORI............................OBJECTOR
R U L I N G
1. On 19/9/2019, this court made Judgment and issued fresh grant letters of administration to Charles Murangiri and Festus King’ori. It directed the parties to file affidavits on their preferred mode of distribution within 30 days.
2. While Charles Murangiri filed his on 1/11/2019, Festus King’ori had not filed his as at the time of writing this ruling. In his affidavit filed on 1/11/2019, Charles Murangiriproposed that the estate be distributed as follows:-
a) L. R No. Abothuguchi/Kariene/1880 (1. 214Ha)
Festus Kingori
Charles Murangari to share equally
b) L. R. No. Abothuguchi/Kaongo/539(0. 38 Ha)
Festus King’ori
c) L.R. No. Abothuguchi/Kariene/1878 (1. 7Ha)
Charles Murangiri
3. The only issue before Court for determination is how the estate of the deceased is to be distributed.
4. The estate of the deceased comprises Land Parcel Abothuguchi/Kariene/1878, 1880 and 539 totalling 8. 1356 acres. As for persons surviving the deceased, they were identified as follows.
1st House
1. Nyai M’Miriti - Widow
2. M’Nkori M’Miriti - Son
3. Lucia M’Itwamwari - Daughter
4. Evangeline Nkunya - Daughter
5. Marieta Kathambi - Daughter
6. Rosetta Nkogwe - Daughter
2nd House
1. Festus King’ori - Son
2. Kiruja M’Miriti - Son
5. The widows of the deceased have passed away. As for the children, only Festus King’oriand Marietta Kathambiare alive. Charles Murangiriis a child of M’Nkori M’Miriti. There was no evidence that there were other children of M’Nkori. Section 38 of the Law of Succession Act stipulates that in intestate circumstances, the estate should be distributed equally amongst the surviving children of the deceased.
6. I have considered the proposed distribution by Charles Murangiri.I have considered his allegation that one of the properties was given to him by the deceased. There was no evidence to back that allegation. In this regard, I make the following orders:-
a) The grant of letters of administration issued to Charles Murangiri and Festus Kingori, jointly, on 19/9/2019 is hereby confirmed.
b) The estate is distributed as follows:-
i) LR. No. Abothuguchi/Kariene/1880 (1. 214Ha)
Charles Murangiri
ii) LR. No. Abothuguchi/Kaongo/539(0. 38 Ha)
Festus King’ori
iii) LR. No. Abothuguchi/Kariene/1878 (1. 7Ha)
Charles Murangiri - 1. 5 acres
Festus King’ori - Balance
It is so ordered.
DATED and DELIVERED at Meru this 23rd day of January, 2020.
A. MABEYA
JUDGE