[2019] KEHC 587 (KLR)
The court found that the sale of a portion of LR Igoji/Kiangua/303 to Samson Mwirigi Kiambi was conducted with the consent of all beneficiaries and that the proceeds were used for the administration of the estate. In light of this, and with no objection from the parties, the court determined that it was just and...
Source-derived case information.
- Citation
- [2019] KEHC 587 (KLR)
- Parties
- Applicant: Gladys Gatune Mugwiria; Applicant: Gitari Mugwiria; Respondent: Irene Muthoni
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 617 of 2012
- Procedural Posture
- Succession Cause / Ruling on Review of Distribution Orders
- Outcome
- Orders reviewed and estate distribution amended as per parties' consent.
- Legal Topics
- Succession Distribution, Beneficiary Consent, Land Allocation, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Gladys Gatune Mugwiria
Applicant
Gitari Mugwiria
Applicant
Irene Muthoni
Respondent
Procedural Posture
Succession Cause / Ruling on Review of Distribution Orders
Legal Issues
- 1 Whether the court should review its previous orders on distribution of the estate of Mugwiria Mbataru.
- 2 Whether the sale of a portion of the estate land to Samson Mwirigi Kiambi with beneficiaries' consent affects the distribution.
- 3 How the estate should be equitably distributed among the beneficiaries.
Ratio Decidendi
The court found that the sale of a portion of LR Igoji/Kiangua/303 to Samson Mwirigi Kiambi was conducted with the consent of all beneficiaries and that the proceeds were used for the administration of the estate. In light of this, and with no objection from the parties, the court determined that it was just and equitable to review its previous orders to reflect the transaction and to ensure that the distribution of the estate was fair to all beneficiaries, including the deceased's daughters. The court also ordered correction of any spelling errors in the names of the parties to facilitate proper transfer and registration of the estate property.
Court Disposition
Orders reviewed and estate distribution amended as per parties' consent.
Orders
- Gladys Gatune Mugwiria to receive 1.00 acres from LR Igoji/Kiangua/303, with 0.50 acres to be transferred to the purchaser and 0.50 acres to be shared with the deceased's daughters.
- James Mbaabu to receive 1.00 acre from LR Igoji/Kiangua/303.
Full Case Text
Judgment text and source record
30 paragraphs
70REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
SUCCESSION CAUSE NO. 617 OF 2012
IN THE MATTER OF THE ESTATE OF MUGWIRIA MBATARU (DECEASED)
GLADYS GATUNE MUGWIRIA........1ST PETITIONER
GITARI MUGWIRIA............................2ND PETITIONER
VERSUS
IRENE MUTHONI..........................................OBJECTOR
RULING
In consideration of the submissions made on 22nd November, 2019 by advocates for parties and in consideration of Gerald Kiruja conceding that appellant in application dated 17th October, 2019 sold land to Samson Mwirigi Kiambi with consent of the beneficiaries herein, this court hereby reviews its ordered made on 1st October, 2018 in the following terms: -
L.R. Igoji/Kiangua/303
a. Gladys Gatune Mugwiria – 1. 00AcresWhich the agreement shows was her share out of LR 303 so she can transfer 0. 50 acres to purchaser who provided fees used to process the Succession Cause herein and 0. 50 Acres to be shared with deceased person’s daughters.
b. James Mbaabu to get 1. 00 Acres
c. Japheth Kirimi – 1. 00 acres
d. Gitari Mugwiria – 0. 50 acres
e. Kithinji Mugwiria – 0. 50 acres
f. Gerald Kiruja – 0. 50 acres
2. LR No. Igoji/Kiangua/957 to remain distributed as per ruling delivered on 1st October, 2018
3. Appellant to provide identity card for correction of names which have spelling error.
4. No orders as to costs.
HON. A. ONG’INJO
JUDGE
28/11/2019
28/11/2019
Before: Hon. A. Ong’injo Judge
Court Assistant: Kinoti
Ms. Thangicia Advocate for appellants .
Ms. Njenga Advocate for respondent.
COURT: RULING DELIVERED, DATED AND SIGNED IN COURT.