[2008] KEHC 2151 (KLR)
The court found that the application was not for rectification of the certificate of confirmation of grant but rather an attempt to change ownership of the estate as already ordered by the court. The applicant failed to provide reasons justifying the transfer of his mother's share to himself or evidence of consent...
Source-derived case information.
- Citation
- [2008] KEHC 2151 (KLR)
- Parties
- Applicant: Jamleck Njeru Njagi; Respondent: Cecilia; Respondent: Johnson Gachoki Njeru
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 110 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Alteration of Estate Distribution and Withdrawal of Suit
- Outcome
- application dismissed and suit withdrawn
- Legal Topics
- Succession, Estate Distribution, Life Interest, Rectification of Grant, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jamleck Njeru Njagi
Applicant
Cecilia
Respondent
Johnson Gachoki Njeru
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Alteration of Estate Distribution and Withdrawal of Suit
Legal Issues
- 1 Whether the administrator can alter the distribution of the deceased's estate as previously ordered by the court.
- 2 Whether the widow's life interest in the estate can be lawfully extinguished while she is still alive.
- 3 Whether the proposed changes to the estate distribution have the consent of all affected beneficiaries.
Ratio Decidendi
The court found that the application was not for rectification of the certificate of confirmation of grant but rather an attempt to change ownership of the estate as already ordered by the court. The applicant failed to provide reasons justifying the transfer of his mother's share to himself or evidence of consent from the affected beneficiaries. The law guarantees the widow a life interest in her husband's estate, and it is unlawful to deprive her of this interest while she is still alive. The application lacked merit and was dismissed. Subsequently, the applicant withdrew the suit, and the court marked the matter as withdrawn with no order as to costs.
Court Disposition
application dismissed and suit withdrawn
Orders
- The application to alter the distribution of the estate is dismissed.
- The suit is marked as withdrawn with no order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Misc. Appli. 110 of 2007
IN THE MATTER OF ESTATE OF NAHASHON NJERU NJAGI…………….DSD
AND
JAMLECK NJERU NJAGI……………………………………………APPLICANT
RULING
The application dated 17/10/2007 is filed by the administrator of the estate of Nahashon Njeru Kimotho who died on 26/10/1981. Grant was issued on 13/3/1990 to the present applicant. The applicant’s affidavit in support of Application seeks to change and alter the distribution of deceased estate so that his mother to give him her one acre of land distributed to her and John Njagi Njeru to give him his 2. 4. acres. The share allocated to Johnson Gachoki Njeru of 2. 0 acres to be given to his son Wilberforce. Kariuki Gachoki none of these persons have made any statement on oath or otherwise that they agree to the proposed changes. Cecilia and Johnson appeared in court and made no submissions.
I have examined the reasons for the changes, it is not clear why the Administrator should take over his mother’s land. Where will the mother reside during the rest of her lifetime? Is she to be left homeless? Why does the brother Johnson wish to give his land to his brother?. Has he not any wife or children? This application is not brought to rectify the Certificate but to change ownership as already ordered by the court. According to law the widow Cecilia is guaranteed life interest in her husband’s estate. It is unlawful to take away her interest while she is still alive. What is the gift to be given to brother it should be disclosed. I find no reason to grant orders prayed for.
I dismiss this application with no order as to costs.
The matter is coming for Ruling today. Ruling is read in absence of Applicant. However there is Notice received on 23/4/2008 withdrawing this case i.e Misc. Civil Application No. 110/2007.
Order at the request of Jamleck N. Njagi: -
This Misc. Suit is marked withdrawn with no order as to costs.
Dated this 25th April, 2008.
J. N. KHAMINWA
JUDGE
25/4/2008
Khaminwa – Judge
Njue- Clerk
Applicant – absent
J. N. KHAMINWA
JUDGE