[2022] KEHC 16506 (KLR)
The court found that the applicants were not disinherited, as the previous orders and the rectified certificate of confirmation of grant expressly provided that their brother, David Mukiira Muronga, was to hold their late father's share on his own behalf and on behalf of his siblings, including the applicants. The...
Source-derived case information.
- Citation
- [2022] KEHC 16506 (KLR)
- Parties
- Applicant: Joy Kathure; Applicant: Judith Ncenge Muronga; Respondent: David Mukiira Muronga; Interested Party: Paul Mwiti M’Turuchiu; Petitioner: M’Turuchiu M’Kobia
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 137 of 1990
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation of Grant
- Outcome
- application dismissed
- Judges
- TW Cherere
- Legal Topics
- Revocation of Grant, Distribution of Estate, Representation of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joy Kathure
Applicant
Judith Ncenge Muronga
Applicant
David Mukiira Muronga
Respondent
Paul Mwiti M’Turuchiu
Interested Party
M’Turuchiu M’Kobia
Petitioner
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the applicants were disinherited from the estate of the deceased.
- 2 Whether the grant rectified on 8th April 2019 should be revoked.
- 3 Whether the applicants are entitled to cancellation and consolidation of the subdivided land parcels.
Ratio Decidendi
The court found that the applicants were not disinherited, as the previous orders and the rectified certificate of confirmation of grant expressly provided that their brother, David Mukiira Muronga, was to hold their late father's share on his own behalf and on behalf of his siblings, including the applicants. The court emphasized that the applicants' entitlement is to be realized from the portion allocated to their brother, not from the entire estate. Furthermore, the court held that it could not revisit or overturn its own previous ruling, as no appeal had been lodged against the orders of 29th October 2018. Consequently, the application for revocation of grant lacked merit and was...
Court Disposition
application dismissed
Orders
- The summons dated 30th November, 2021 for revocation is dismissed.
- The Administrator Paul Mwiti M’Turuchiu is directed to complete the transmission within the next 45 days.
Full Case Text
Judgment text and source record
32 paragraphs
In re Estate of Muronga M'Kobia (Deceased) (Succession Cause 137 of 1990) [2022] KEHC 16506 (KLR) (14 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16506 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 137 of 1990
TW Cherere, J
December 14, 2022
In the Matter of the Estate of Muronga M’Kobia (Deceased)
Between
M’Turuchiu M’Kobia
Petitioner
and
David Mukiira Muromga
Protestor
and
Paul Mwiti M'Turuchiu
Interested Party
and
Joy Kathure
Applicant
Judith Ncenge Muronga
Applicant
Ruling
Introduction 1. By a ruling dated 29th October, 2018, this court made the following orders:1. Martin is therefore is entitled to a share on that basis. I allocate ½ acre to him.2. The balance shall be divided equally between the objector and the interested party – this is on the basis of the principle of representation as they take their respective father’s shares.3. They shall hold the said portion of land on behalf of themselves and that of their siblings.4. The estate property shall be so distributed.5. Grant confirmed
2. Subsequently Certificate of Confirmation dated 06th December, 2018 and rectified on 03rd July, 2019 to the effect that the David Mukiira Muronga and Paul Mwiti M’Turuchiu were to holding their respective ½ shares on behalf of themselves and their siblings.
3. By summons dated 30th November, 2021, Joy Kathure and Judith Ncenge Muronga (1st and 2nd Applicants) seek the following orders:1. Revocation of the grant rectified on 08th April, 20192. Cancellation and consolidation of LR. AbothuguchI/Githongo/4880, 4881 and 4882 to the original number in deceased’s name
4. Application was supported by Joy Kathure who mainly avers that they were not aware of the cause and have been disinherited by a stranger.
5. Application is opposed by the Paul Mwiti M’Turuchiu who by his replying affidavit sworn on 21st November, 2022 avers that the Applicants have not been disinherited since their share is to be held by their brother David Mukiira Muronga on his own behalf and on behalf of his siblings.
6. I have considered the court ruling dated 29th October, 2018 and Certificate of Confirmation dated 06th December, 2018 and rectified on 03rd July, 2019 and contrary to the Applicants’ allegations, the court did not disinherit them but instead directed that their brother David Mukiira Muronga holds their father’s share on his own behalf and on behalf of his siblings. Hence, Applicants should get their share from the portion distributed to their brother and not from their entire estate.
7. It is worthy to note that the order dated 29th October, 2018 was not appealed against. Any issue challenging that ruling cannot be challenged in this court for the reason that this court cannot sit on appeal in its own judgment.
8. From the foregoing, I find that no case has been made out for revocation and it is hereby ordered:1. The summons dated 30th November, 2021 for revocation has not merit and it is dismissed2. The Administrator Paul Mwiti M’Turuchiu is directed to complete the transmission within the next 45 days3. In the event that David Mukiira Muronga and Martin Mwiti decline to sign the transmission documents, this court authorizes the Deputy Registrar of this court to sign on their behalf4. Mention on 20th March, 2023 to confirm distribution
DATED AT MERU THIS 14 TH DAY OF DECEMBER 2022T. W. CHEREREJUDGEAppearancesCourt Assistant - Morris KinotiFor Applicants - Present in personFor Protestor - Present in personFor Interested Party - Present in person