[2019] KEHC 6405 (KLR)
The court found that the sale agreement relied upon by the protestors was entered into after the death of the deceased and therefore constituted intermeddling with the estate under section 45 of the Law of Succession Act. As such, the protestors' claim to Abothuguchi/U-Kaongo/212 could not be sustained. The court...
Source-derived case information.
- Citation
- [2019] KEHC 6405 (KLR)
- Parties
- Applicant: Mark Mutuaruchiu Muranguri; Applicant: Charles Kirea Ambutu; Respondent: David Mwiti Irandu; Respondent: William Guantai Gituma
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 353 of 2014
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- Estate distributed as per the summons for confirmation of grant dated 12th November 2018; protest dismissed.
- Judges
- A Mabeya
- Legal Topics
- Succession of Estates, Confirmation of Grant, Distribution of Land, Intermeddling With Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mark Mutuaruchiu Muranguri
Applicant
Charles Kirea Ambutu
Applicant
David Mwiti Irandu
Respondent
William Guantai Gituma
Respondent
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Whether the protestors have a valid claim to Abothuguchi/U-Kaongo/212 based on a sale agreement entered after the deceased's death.
- 2 Whether the distribution of the estate should follow the summons for confirmation of grant dated 12th November 2018.
- 3 Whether acts of intermeddling occurred contrary to section 45 of the Law of Succession Act.
Ratio Decidendi
The court found that the sale agreement relied upon by the protestors was entered into after the death of the deceased and therefore constituted intermeddling with the estate under section 45 of the Law of Succession Act. As such, the protestors' claim to Abothuguchi/U-Kaongo/212 could not be sustained. The court further noted that the summons for confirmation of grant had not been objected to by any beneficiary, and that all relevant parties had either consented to or renounced their interest in the estate. Accordingly, the court ordered the distribution of the estate in line with the proposal in the summons for confirmation of grant dated 12th November 2018.
Court Disposition
Estate distributed as per the summons for confirmation of grant dated 12th November 2018; protest dismissed.
Orders
- Land Reg. No. Abothuguchi/U-Kaongo/1049 distributed to Charles Kirea Joseph, Godfrey Kithinji M’itwaruchiu, Jeremano Gatobu M’itwaruchiu, Stanley Mwirigi Tuaruchiu, Reuben Muthuri Tuaruchiu, and Mark Mutuaruchiu Murangiri.
- Land Reg. No. Abothuguchi/U-Kaongo/898 distributed to Stanley Mwirigi Tuaruchiu, Reuben Muthuri Tuaruchiu, Mark Mutuaruchiu Murangiri, and Paulina Kiario M’ituaruchiu.
Full Case Text
Judgment text and source record
41 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 353 OF 2014
IN THE MATTER OF THE ESTATE OF M’TURUCHIU M’AMBUTU ALIAS TUARUCHIU AMBUTU (DECEASED)
MARK MUTUARUCHIU MURANGURI......1ST PETITIONER
CHARLES KIREA AMBUTU.........................2ND PETITIONER
VERSUS
DAVID MWITI IRANDU..................................1ST PROTESTOR
WILLIAM GUANTAI GITUMA.....................2ND PROTESTOR
J U D G M E N T
1. The deceased, M’Turuchiu M’Ambutu alias Tuaruchiu Ambutu (“the deceased”) died on 27th March, 1993. As per the letter of introduction by the area Chief, Nduruma Location, the deceased left behind a spouse and 11 children.
2. On 5th August, 2014 the petitioners applied for letters of administration listing the beneficiaries as per the letter of introduction. He also listed the assets of the deceased as; Abothuguchi/U-Kaongo/212, Abothuguchi/U-Kaongo/898, Abothuguchi/U-Kaongo/1049 and Abothuguchi/L-Kaongo/ 501. Letters of Administration were issued to the petitioners on 23rd October, 2014. They subsequently filed summons for confirmation of grant on 13th April, 2016.
3. The same was protested by the David Mwiti Irandu and William Guantai Gituma through an affidavit dated 16th January, 2017. They averred that they purchased Abothuguchi/U-Kaongo/212 from Jeremano Gatobu M’Ituruchio. They annexed a Sale Agreement to that effect.
4. On 22nd June, 2015, Alice Ncene M’Twaruchiu and Terethina Gaceke Mutwiri renounced their interest and rights to the estate. On 17th October 2018, this court found that no steps had been taken by the administrators of the estate. It thereby revoked the grant issued on 23rd October 2014 and granted leave to Paulina Kiario M’Ituarichuto apply for confirmation of grant within 30 days.
5. Paulina Kiario M’Ituarichu filed summons for confirmation of grant on 12th November 2018. The court notes that in the Summons for confirmation of grant, Ruseta Mathio and Anjelina Maiga have not been provided for. However, the summons have not been objected to. Ruseta Mathio and Anjelina Maiga have full knowledge of these proceedings having signed the consent to making of a grant of Administration.
6. From the Summons, the administrator has sought to distribute Abothuguchi/U-Kanongo/212 to Jeremano Gitobu as opposed to the protestors herein. The agreement between Jeremano Gitobu and the protestors was entered into on 14th June 2010 after the demise of the deceased. It would therefore seem that the act was a clear act of intermeddling with the estate of the deceased as per section 45 of the Law of Succession Act.
7. I’m therefore inclined to distribute the estate of the deceased in line with paragraph 5 of the Summons for confirmation of grant dated 12th November 2018 as follows:-
a)Land Reg. No. Abothuguchi/U-Kaongo/1049
Charles Kirea Joseph
Godfrey Kithinji M’itwaruchiu
Jeremano Gatobu M’itwaruchiu
Stanley Mwirigi Tuaruchiu
Reuben Muthuri Tuaruchiu
Mark Mutuaruchiu Murangiri
b) Land Reg. No. Abothuguchi/U-Kaongo/898
Stanley Mwirigi Tuaruchiu
Reuben Muthuri Tuaruchiu
Mark Mutuaruchiu Murangiri
Paulina Kiario M’ituaruchiu
c)Land Reg. No. Abothuguchi/U-Kaongo/212
Jeremano Gatobu M’itwaruchiu
d)Land REG. No. Abothuguchi/L-Kaongo/501
Charles Kirea Joseph
Godfrey Kithinji M’itwaruchiu
Jeremano Gatobu M’itwaruchiu
Stanley Mwirigi Tuaruchiu
Reuben Muthuri Tuaruchiu
Mark Mutuaruchiu Murangiri
DATEDand DELIVEREDat Meru this 25th day of June, 2019
A. MABEYA
JUDGE