[2011] KEHC 1657 (KLR)
The court determined that, due to the emergence of a purported written will and the contestation regarding the rightful beneficiaries and division of the estate, the matter could not be resolved summarily or by consent. Instead, the issues must be determined through oral (viva voce) evidence to allow the parties to...
Source-derived case information.
- Citation
- [2011] KEHC 1657 (KLR)
- Parties
- Applicant: Margaret Gatanga Ifaca; Applicant: Murithi Robert Ibasha; Applicant: Ivasha Douglas Murangiri; Applicant: Francis Mutegi M’Naibasha; Respondent: Patrick Mukuru Ivasha
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 449 of 2010
- Procedural Posture
- Succession Cause / Ruling on Directions After Application for Revocation of Grant
- Outcome
- Matter to proceed to hearing by viva voce evidence to determine validity of will and identification of beneficiaries.
- Judges
- JW Lessit
- Legal Topics
- Succession, Revocation of Grant, Validity of Will, Beneficiaries Identification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Gatanga Ifaca
Applicant
Murithi Robert Ibasha
Applicant
Ivasha Douglas Murangiri
Applicant
Francis Mutegi M’Naibasha
Applicant
Patrick Mukuru Ivasha
Respondent
Procedural Posture
Succession Cause / Ruling on Directions After Application for Revocation of Grant
Legal Issues
- 1 Whether the deceased died leaving a valid written will.
- 2 If there is no valid will, who are the beneficiaries of the estate and how should the estate be divided.
Ratio Decidendi
The court determined that, due to the emergence of a purported written will and the contestation regarding the rightful beneficiaries and division of the estate, the matter could not be resolved summarily or by consent. Instead, the issues must be determined through oral (viva voce) evidence to allow the parties to present their positions on the validity of the will and the identification of beneficiaries. This approach ensures that the court can make a just determination based on all relevant facts and evidence, in accordance with the Law of Succession Act.
Court Disposition
Matter to proceed to hearing by viva voce evidence to determine validity of will and identification of beneficiaries.
Orders
- This matter shall be heard by way of viva voce evidence to determine whether the deceased died leaving a valid written will and, if not, who the beneficiaries are and how the estate will be divided.
- Parties are directed to take a date at the registry for the purpose of getting a hearing date.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
SUCCESSION CAUSE NO. 449 OF 2010
IN THE MATTER OF THE ESTATE OF M’NAIVASHA M’RINKURI alias M’NAIVASHA M’RINYIRU (DECEASED)
MARGARET GATANGA IFACA …………………….............................……….. 1ST APPLICANT
MURITHI ROBERT IBASHA …………………….........................……………. 2ND APPLICANT
IVASHA DOUGLAS MURANGIRI …………..........................………………… 3RD APPLICANT
FRANCIS MUTEGI M’NAIBASHA ………............................…….…………….. 4TH APPLICANT
VERSUS
PATRICK MUKURU IVASHA ………....................................……………………… RESPONDENT
RULING
The petitioner Patrick Mukuru Ivasha filed a succession cause in Principal Magistrate Court at Chuka being Succession Cause No. 20 of 2010. That succession was the subject of an application for revocation of grant filed in this cause which was filed by 4 applicants. The names of those applicants are, Margaret Gatanga, Ifaca, Murithi Robert Ibasha, Ibasha Daglous Murangiri and Francis Mutegi M’Naibasha. On 15th February 2011, a consent was reached between the applicant’s counsel and the respondent’s counsel. It was to the effect that the grant issued in Chuka PM Succession Cause No. 20 of 2010 be revoked and a fresh grant be issued in the joint names of Murithi Robert Ibasha and Patrick Mukuru Ivasha. When the matter came before court again on 28th March 2011, the applicants counsel informed the court that they had discovered a written will which needed to be introduced in this matter. The court adjourned this matter to today’s date for the purpose of giving directions in this matter. Having perused the Chuka succession cause, the application for revocation of grant and the affidavit of Murithi Robert Ibasha of 6th May 2011, I find that the order that should be given in this matter is that this matter should be heard by way of viva voce evidence to determine the issue herein. I therefore make the following orders:-
1. This court orders that this matter be heard by way of viva voce evidence to determine the following issues:-
a)Whether the deceased died leaving a valid written will.
b)If the answer to (a) is in the negative, who are the beneficiaries of this estate and how will the estate be divided amongst them.
2. The parties are directed to take a date at the registry for the purpose of getting a hearing date.
Judgment by:-
MARY KASANGO
JUDGE
Dated, signed and delivered at Meru this 21st day of July 2011.
J. LESIIT
JUDGE