[2018] KEHC 1072 (KLR)
The court found that there was insufficient evidence to support the protestor's claim that certain assets were omitted or that he was entitled to a larger share based on the deceased's wishes. The evidence did not establish that the protestor was in occupation of land registered in the deceased's name or that the...
Source-derived case information.
- Citation
- [2018] KEHC 1072 (KLR)
- Parties
- Applicant: Evangeline Nthiira M’Twarchiu; Respondent: M’Nkanata M’Twarchiu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 187 of 2006
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant and Protest
- Outcome
- Grant confirmed with modifications; protest dismissed in part.
- Legal Topics
- Distribution of Estate, Revocation of Grant, Confirmation of Grant, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evangeline Nthiira M’Twarchiu
Applicant
M’Nkanata M’Twarchiu
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Protest
Legal Issues
- 1 Whether the petitioner lawfully excluded the protestor from the distribution of the deceased's estate.
- 2 Whether all assets of the deceased were properly included in the proposed distribution.
- 3 How the estate of the deceased should be equitably distributed among the beneficiaries.
Ratio Decidendi
The court found that there was insufficient evidence to support the protestor's claim that certain assets were omitted or that he was entitled to a larger share based on the deceased's wishes. The evidence did not establish that the protestor was in occupation of land registered in the deceased's name or that the omitted assets were part of the estate. The court determined that the most equitable distribution was for L.R. Kibirichia/247 to be shared equally among the widow, the protestor, Elijah Gitonga, and the three daughters. Shares at Nkuriga Traders Company Ltd were to devolve to the widow, and Plot No. 12 B was to go to the protestor. The court exercised its discretion under the Law...
Court Disposition
Grant confirmed with modifications; protest dismissed in part.
Orders
- L.R. Kibirichia/247 to be shared equally by the widow, the protestor, Elijah Gitonga, and the three daughters of the deceased.
- Shares at Nkuriga Traders Company Ltd to devolve to the widow.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 187 OF 2006
IN THE MATTER OF THE ESTATE OF M’TWARUCHIU KAMANGA (DCD)
EVANGELINE NTHIIRA M’TWARUCHIU..........................................................PETITIONER
VERSUS
M’NKANATA M’TWARUCHIU........................................................OBJECTOR/APPLICANT
RULING
The deceased M’Twaruchiu Kamanga died on 7th June 2004 and according to letter dated 21st June 2018 written by Chief of Kibirichia Location was survived by:
1) Evangeline Nthiira M’Twaruchiu - Widow
2) Nkanatha M’Turuchiu – Son
3) Stella Gakii – Daughter
4) Elijah Gitonga – Son
5) Jennis Kirumba – Daughter
6) Faith Kinanu – Daughter
The survivors authorized Evangelin Nthiira M’Twaruchiu to petition letters of administration.
Evangeline Nthiira M’Twaruchiu was appointed Administrator on 10th November 2006.
M’Nkanata M’Twaruchiu filed application for revocation of grant dated 1st November 2006 seeking to be appointed Co-Administrator.
He claimed his step mother petitioned for Letters of Administration secretly without consulting him. He said his father’s wishes was that he gets 2 acres in that estate.
Application for revocation was dismissed in ruling delivered on 22nd June 2007.
Application for confirmation was filed on 4/7/2007 dated 4th July 2007. The Administration proposed distribution of one acre to herself to hold in trust for Elijah Gitonga. 3 acres to Elijah Gitonga and one acre each to the daughter of the deceased M’Nkanata M’Twaruchiu filed affidavit of protest to application for confirmation and distribution sworn on 11th July 2007 saying the petitioner was step mother had left him out of the distribution.
That the petitioner had left out some assets namely Plot No. Kibirichia 12 “B” which he occupied jointly with the deceased.
He said he had planted trees on L.R. Kibirichia 265.
He proposed that he is his step brother Elijah Gitonga should get 2 acres each, the petitioner to get one acre whereas the daughters of the deceased to share 2 acres equally.
The protestor called one witness to claim that L.R. No. Kibirichia 265 was not acquired by the deceased but by the protestor on her own. The petitioner called 2 witnesses who claimed that the deceased had given her son the protestor L.R No 247 to the Administrator and her children.
The minutes of the meeting chaired by petitioner’s witnesses were not availed. There was no evidence that the protestor was on land which the father occupied as a member of led committee and registered in his name.
In the circumstances L.R Kibirichia/247 will be shared equally by the widow of the deceased, the protestor, Elijah Gitonga and the 3 daughters of the deceased. The shares at Nkuriga Traders Company Ltd shall devolve to the widow Plot No. 12 B shall go to the protestor. Those are orders of the court. Costs to be bored by parties.
HON. A. ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 22ND DAY OF NOVEMBER, 2018
IN THE PRESENCE OF:
C/A – Kinoti
M/s Aketch H/B for Gikunda for Objector
Mr. Kithinji Advocate for Petitioner
Court – Certified copy of the ruling to be supplied upon payment of copy of charges.
HON. A. ONG’INJO
JUDGE
22/11/2018