[2008] KEHC 1748 (KLR)
The court found that the allocation of one acre to Patrick Njagi Mbora, the grandson, was an error because his mother, Charity Kairu Mbora, had already inherited a portion of the estate. Under Section 29 of the Law of Succession Act, there was no special reason advanced to justify the grandson inheriting separately...
Source-derived case information.
- Citation
- [2008] KEHC 1748 (KLR)
- Parties
- Applicant: Patrick Njue Mbora; Respondent: Julia Gicuku Mbora
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 314 of 2002
- Procedural Posture
- Succession Application / Ruling on Application for Review of Confirmation of Grant
- Outcome
- application allowed; previous order reviewed
- Legal Topics
- Succession, Distribution of Estate, Inheritance Rights, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Njue Mbora
Applicant
Julia Gicuku Mbora
Respondent
Procedural Posture
Succession Application / Ruling on Application for Review of Confirmation of Grant
Legal Issues
- 1 Whether the grandson, Patrick Njagi Mbora, should inherit a portion of the estate when his mother, Charity Kairu Mbora, has also inherited.
- 2 Whether the previous order allocating one acre to the grandson was made in error under the applicable law.
Ratio Decidendi
The court found that the allocation of one acre to Patrick Njagi Mbora, the grandson, was an error because his mother, Charity Kairu Mbora, had already inherited a portion of the estate. Under Section 29 of the Law of Succession Act, there was no special reason advanced to justify the grandson inheriting separately while his mother was a beneficiary. The court held that the portion previously allocated to the grandson should instead be distributed equally among the surviving beneficiaries: Julia Gicuku Mbora, Charity Kairu Mbora, and Asunta Njura Mbora. The application for review was allowed, and the grant was ordered to be corrected accordingly.
Court Disposition
application allowed; previous order reviewed
Orders
- The one acre previously allocated to Patrick Njagi Mbora is to be distributed equally among Julia Gicuku Mbora, Charity Kairu Mbora, and Asunta Njura Mbora.
- The grant to be corrected to reflect the proper administrators.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Succession 314 of 2002
IN THE MATTER OF THE ESTATE OF NGOROI KIBU……….DECEASED
AND
PATRICK NJUE MBORA….……………………………………..PETITIONER
JULIA GICUKU MBORA….…....………………………………….OBJECTOR
RULING
Summons dated 5/6/2007 seeks review of orders of court made on 14/2/2007. The application is supported by affidavit of Julia Gicuku Mbora being one of the daughters and co-administrator of the estate of deceased herein. She was a protester against the confirmation of grant herein.
The ruling of court which she seeks to review ordered Patrick Njagi Mbora a grandson of deceased to inherit one acre and his unmarried mother to be given 0. 25 acres. The complaint is that only his mother Charity Kairu Mbora should take any inheritance not her son the said Patrick Njagi Mbora the grandson of deceased. Now the request is to take away the portion distributed to Patrick Njagi Mbora because his mother has also inherited.
I have perused the record again, I notice in the Form 9 he is simply described as grandson of deceased. In the evidence of Protester she simply said the said Patrick Njagi is grandson being son of her sister Charity. Charity herself is recorded as saying Patrick Njagi is a relative. Now Julia the protester says that the grandson should not inherit because his mother has inherited a portion.
In my view there is an error. The order of inheritance of kindred is set out under Section 29 Cap 160. It is therefore necessary to disinherit the grandson as no special reason was advanced to include him while his mother also inherits. The one (1) acre allocated to Patrick Njagi Mbora the sone of Charity Kairu Mbora shall now be distributed among the beneficiaries, namely Julia Gichuku Mbora, Charity Kairu Mbora and Asunta Njura Mbora the survivors Ireri Ibrahim deceased survivor on equal shares. The application is allowed and the order is reviewed accordingly. The grant was typed in the name of one administrator. This is a typographical error and the same shall be corrected,
It is so ordered. No costs are awarded.
Dated this 12th February, 2008.
J. N. KHAMINWA
JUDGE
.