[2018] KEHC 936 (KLR)
The court found that James Murungi Maingi was not the only dependant of the deceased. The estate should not have been devolved solely to him. The court determined that the estate must be distributed among Moffat Kimathi Samwel, James Murungi Maingi, Godffrey Kithinji, and the alleged surviving daughter of the...
Source-derived case information.
- Citation
- [2018] KEHC 936 (KLR)
- Parties
- Petitioner: Moffat Kimathi Samwel; Respondent: James Murungi Maingi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 615 of 2013
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation of Confirmed Grant
- Outcome
- Application for revocation of confirmed grant allowed. Grant confirmed on 7th August 2018 revoked.
- Legal Topics
- Succession, Grant Revocation, Estate Distribution, Dependants Identification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moffat Kimathi Samwel
Petitioner
James Murungi Maingi
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Revocation of Confirmed Grant
Legal Issues
- 1 Whether the confirmed grant made on 7th August 2018 should be revoked.
- 2 Whether James Murungi Maingi is the sole dependant entitled to the estate.
- 3 How the estate of the deceased should be distributed among the rightful beneficiaries.
Ratio Decidendi
The court found that James Murungi Maingi was not the only dependant of the deceased. The estate should not have been devolved solely to him. The court determined that the estate must be distributed among Moffat Kimathi Samwel, James Murungi Maingi, Godffrey Kithinji, and the alleged surviving daughter of the deceased, if any. If the daughter is not identified, her share is to be divided equally among the three grandsons. The confirmed grant made on 7th August 2018 was therefore revoked to ensure equitable distribution among all rightful beneficiaries.
Court Disposition
Application for revocation of confirmed grant allowed. Grant confirmed on 7th August 2018 revoked.
Orders
- The confirmed grant made on 7th August 2018 devolving the estate wholly to James Murungi Maingi is revoked.
- The estate shall be devolved to Moffat Kimathi Samwel, James Murungi Maingi, Godffrey Kithinji, and the alleged daughter of the deceased if identified.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE 615 OF 2013
IN THE MATTER OF ESTATE OF M’MUCHEKE MBOGITA
MOFFAT KIMATHI SAMWEL....................................................PETITIONER
VERSUS
JAMES MURUNGI MAINGI...............…………….......………RESPONDENT
RULING
Application dated 29. 8.2018 was brought under certificate of urgency seeking revocation of confirmed grant made on 7th August 2018 devolving the estate to James Murungi maingi wholly.
From procceedings made on 25th July 2017 it was submitted by Mr. Mwirigi advocate that the petitioner and his surviving brother are grandchildren of the deceased from a daughter who is deceased and that the applicant james Muruingi Maingi was aslo a grandson of the deceased from another dauther and the deceased also had a surviving daughter.
On that account grant made to Moffat Kimathi Samwel and confirmed in a very shot span of less than one moth before statutory period expired was revoked on 21. 5.2018.
Parties were granted time to file application for confirmation and it was only James Murugni Maingi who filed.
The summons for confirmation was filed but petitioner/1st Administrator didn’t respond and on 7. 8.2018 grant was confirmd devolving estate to applicant james Murungi.
In consideration of submissions by Mr. Mwirigi Advocate for applicant on 25. 7.2017 and 21. 5.2018 this court finds that applicant James Murungi is not the only dependant and therefore the estate should be devolved to Moffat Kimathi Samwel, James Murungi Maingi, Godffrey Kithinji and the alleged daughter of the deceased if any.
In event none is identified the portion that is meant for deceased alleged daughter to be shared by the 3 grandsons eaually.
No orders as to costs.
HON. A.ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 8TH DAY OF NOVEMBER 2018.
In the presence of:
C/A: Penina
Petitioner:- N/A – Mr. Ojiambo Advocate
Objector:-Present in person
Mr. Mwirigi Advocate for objector – N/A
HON. A.ONG’INJO
JUDGE