[2018] KEHC 3269 (KLR)
The court found that Alex Mutwiri Nkonge failed to apply for confirmation of grant within the statutory period, justifying revocation of the grant previously issued to him. The court further held that as a grandson of the deceased, Alex Mutwiri Nkonge could only inherit through his father, Adriano Nkunja, who is a...
Source-derived case information.
- Citation
- [2018] KEHC 3269 (KLR)
- Parties
- Applicant: Alex Mutwiri Nkonge; Respondent: Susan Kawira
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 761 of 2015
- Procedural Posture
- Succession Cause / Ruling on Distribution of Estate and Confirmation of Grant
- Outcome
- Grant to Alex Mutwiri Nkonge revoked; estate distributed among lawful beneficiaries as per court order.
- Legal Topics
- Succession, Confirmation of Grant, Inheritance Rights, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alex Mutwiri Nkonge
Applicant
Susan Kawira
Respondent
Procedural Posture
Succession Cause / Ruling on Distribution of Estate and Confirmation of Grant
Legal Issues
- 1 Whether the grant issued to Alex Mutwiri Nkonge should be revoked for failure to apply for confirmation within the statutory period.
- 2 Whether Alex Mutwiri Nkonge is entitled to inherit directly from the deceased or only through his father Adriano Nkunja.
- 3 How the estate of the late M’Mungania M’Njau should be distributed among the rightful beneficiaries.
Ratio Decidendi
The court found that Alex Mutwiri Nkonge failed to apply for confirmation of grant within the statutory period, justifying revocation of the grant previously issued to him. The court further held that as a grandson of the deceased, Alex Mutwiri Nkonge could only inherit through his father, Adriano Nkunja, who is a direct heir of the deceased. The inclusion of purchasers in the proposed mode of distribution was rejected, with the court directing that such purchasers should seek recourse from those who sold to them prior to confirmation of the grant. The estate was distributed among the children of the deceased and their representatives according to the court's orders, ensuring compliance...
Court Disposition
Grant to Alex Mutwiri Nkonge revoked; estate distributed among lawful beneficiaries as per court order.
Orders
- L.R. Igoji/Gikui/507 (1.3 Ha) distributed as follows: Adriano Nkunja – 1.10 acres; Thomas Kithinji (deceased) – 1.10 acres to Susan Kawira and other children of Thomas Kithinji to share equally; Colombina Mukwamugo, Anastacia Kagwe, Hellen Kanyua, Magdalene Ncheche – 1.00 acre to share equally.
- L.R. Igoji/Gikui/351 (0.8 Ha) distributed as follows: Adriano Nkunja – 0.65 acre; Thomas Kithinji (deceased) – 0.65 acre to Susan Kawira and other children of Thomas Kithinji; Colombina Mukwamugo, Anastacia Kagwe, Hellen Kanyua, Magdalene Ncheche – 0.65 acre to share equally.
Full Case Text
Judgment text and source record
43 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT KENYA AT MERU
SUCCESSION CAUSE NO. 761 OF 2015
IN THE MATTER OF THE ESTATE OF THE LATE M’MUNGANIA M’NJAU alias MUNGANIA M’NJAU - DECEASED
ALEX MUTWIRINKONGE...............................................................PETITIONER
VS
SUSAN KAWIRA..................................................................................PROTESTER
RULING
Grant made to Alex Mutwiri Nkonge on 16th June 2016 was revoked and same made to Susan Kawira on 21st November 2017 for reasons he had taken over one year to apply for confirmation as required by the law.
Alex Mutwiri was established to be a son of Adriano Nkunja the son of the deceased herein and therefore supposed to inherit through the father and not directly.
Both Adriano Nkunja and Alex Mutwiri have filed applications for confirmation subsequent to grant to Alex Mutwiri being revoked and after failing to file application for confirmation when required. In the mode of distribution Alex Mutwiri has included:-
· Nicholus Mureithi – Purchaser
· Agata Mercy – Purchaser
· Frida Makena – Purchaser
· James Kinoti – Purchaser – and even himself as a beneficiary when he is supposed to inhert through his father.
From the proceedings herein the children of the deceased are :-
· Colombina Mukwanungo – Widow
· Adriano Nkunja
· Thomas Kithinji – deceased father of Susan Kawira- administrator
· Anastacis Kagwe
· Hellen Kanyua
· Magdalina Ncheche
It is hereby ordered that L.R. Igoji/Gikui/507 measuring 1. 3 Ha shall be distributed as follows :-
· Adriano Nkunja – 1. 10 acres
· Thomas Kithinji(deceased) – 1. 10 acres to go to Susan Kawira – the daughter and any other children of Thomas Kithinji to share equally.
· Colombina Mukwamugo
Anastacia Kagwe 1. 00 acres to share equally
Hellen Kanyua
Magdalene Ncheche
L.R. Igoji/Gikui/351 – 0. 8 Ha
· Adriano Nkunja -0. 65 acre
· Thomas Kithinji (deceased) – 0. 65acre – Susan Kawira to hold for herself and any other child of Thomas Kithinji (deceased)
· Colombina Mukwamugo
Anastacia Kagwe 0. 65 acres
Hellen Kanyua
Magdalene Ncheche
The purchasers should claim from those who sold to them before grant was confirmed.
No orders as to costs.
HON. A.ONG’INJO
JUDGE
RULING DELIVERED, SIGNED AND DATED THIS 18TH DAY OF OCTOBER 2018
HON. A.MABEYA
JUDGE