[2010] KEHC 877 (KLR)
The court determined that the fairest and most just distribution of the deceased's estate is to allocate to each wife the land they already occupy, as reflected in prior affidavits and the actual occupation. The court found the objector's proposal inconsistent with her earlier sworn statements and rejected the claim...
Source-derived case information.
- Citation
- [2010] KEHC 877 (KLR)
- Parties
- Applicant: Julia Kalangi Mbaabu; Respondent: Joyce Koolo Mbaabu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 47 of 1990
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- Estate distributed according to occupation; grant issued jointly and confirmed; Deputy Registrar empowered to sign documents; orders as to costs.
- Judges
- MM Kasango
- Legal Topics
- Succession, Distribution of Estate, Grant Confirmation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julia Kalangi Mbaabu
Applicant
Joyce Koolo Mbaabu
Respondent
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Whether the estate of M’Thirange Thirange should be distributed according to the occupation and previous affidavits of the parties.
- 2 Whether the estate of Lawrence Meeme should be considered in the distribution.
- 3 Whether the proposals by the objector are fair and consistent with prior positions.
Ratio Decidendi
The court determined that the fairest and most just distribution of the deceased's estate is to allocate to each wife the land they already occupy, as reflected in prior affidavits and the actual occupation. The court found the objector's proposal inconsistent with her earlier sworn statements and rejected the claim of Lawrence Meeme's estate, as his objection had been dismissed and not appealed. The court thus ordered that Parcel ITHIMA/NTUNENE/31 be given absolutely to Julia Kalangi Mbaabu, and Parcels ITHIMA/NTUNENE/1395 and ITHIMA/AKIRANG’ONDU/538 be given absolutely to Joyce Koolo Mbaabu. The grant is to be issued jointly and confirmed accordingly, with the Deputy Registrar empowered...
Court Disposition
Estate distributed according to occupation; grant issued jointly and confirmed; Deputy Registrar empowered to sign documents; orders as to costs.
Orders
- A grant to be issued in the joint names of Julia Kalangi Mbaabu and Joyce Koolo Mbaabu.
- The grant shall be confirmed as follows: Parcel NO. ITHIMA/NTUNENE/31 to Julia Kalangi Mbaabu absolutely; Parcels NO. ITHIMA/NTUNENE/1395 and ITHIMA/AKIRANG’ONDU/538 to Joyce Koolo Mbaabu absolutely.
Full Case Text
Judgment text and source record
25 paragraphs
SUCCESSION
Distribution
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
SUCCESSION NO. 47 OF 1990
IN THE MATTER OF THE ESTATE OF M’THIRANGE THIRANGE (DECEASED)
JULIA KALANGI MBAABU ------------------------- PETITIONER
- VERSUS -
JOYCE KOOLO MBAABU --------------------------- OBJECTOR
JUDGMENT
The deceased was married to two wives. The 1st wife is Julia Karangi Mbaabu. The 2nd wife is Joyce Koolo Mbaabu. This succession has been pending before court for a long time because of various interlocutory applications. In my view those applications were not necessary for the just resolution of this dispute. By a consent recorded before court on 16th February, 2010 the parties agreed to submit in writing for the court to decide on distribution of the deceased estate. There are three properties in this estate. These are: ITHIMA/NTUNENE/31, ITHIMA/NTUNEME/1395 and ITHIMA/AKIRANG’ONDU/538. According to Julia, her children are; Jacinta Karimi, Jeniffer Kanocia alias Rosemary Maiti. According to Joyce her children are; Japhath Gitonga, Geoffrey Mutuna, Mwanga, Salesio Mutura and Margaret Mukokinya. According to Julia the distribution of the deceased estate should be as follows:
(a) Parcel No. ITHIMA/NTUNENE/31 two acres to be given toLawrence Meeme the balance of four acres to be share between her and Julia.
(b)Parcel No. ITHIMA/NTUNENE/1395 and ITHIMA/AKIRANG’ONDU/538 be given to her.
I find the suggested distribution by Joyce to be unfair. This is because in her previous affidavit dated 3rd March, 2006 she accepted that Julia resides on parcel no. 31 and she on the other two parcels. In her written submissions Joyce proposed contrary to that previous deposition. Her proposal on parcel No. 31 is that it be given to Julius Meeme who is now deceased. She suggests that the remainder four acre be shared between her and Julia while she retains the other two portions. Firstly, I wish to state that Lawrence Meeme in his lifetime tried to file an objection out of time in this cause. That was by chamber summons dated 12th June, 2001. That application was dismissed by the ruling 28th June, 2001. Lawrence did not appeal against that dismissal. Distribution to his estate cannot therefore be considered. The court in dismissing his application to objection to the grant been issued also rejected Lawrence’s claim as a beneficiary. I am of the view that justice will best be served by distributing the estate by allocating to each wife the land they already occupy. I therefore order as follows;
(i) That a grant be issued in the joint names of Julia Kalangi Mbaabu and Joyce Koolo Mbaabu.
(ii) That grant shall be confirmed as follows:
(a)Parcel NO. ITHIMA/NTUNENE/31 to Julia Kalangi Mbaabu absolutely
(b)Parcels NO. ITHIMA/NTUNENE/1395 and ITHIMA/AKINRANG’ONDU/538 to Joyce Koolo Mbaabu absolutely.
(iii) The Deputy Registrar of this court is granted leave to
sign any document, which any of the administrators fail to sign inorder to put into effect the judgment of this court.
(iv There shall be orders as to costs.
Dated at Meru 22nd October, 2010.
MARY KASANGO
JUDGE