[2013] KEHC 1186 (KLR)
The court found that the application to vest the share of the deceased beneficiary, Cecilia Wanjiru Njoroge, in the administrators was merited. The share in question (0.25 acres of LR No. Riabai/Ndumberi/705) had been confirmed as hers in the certificate of confirmation of grant and by consent order. Upon her death,...
Source-derived case information.
- Citation
- [2013] KEHC 1186 (KLR)
- Parties
- Applicant: Jane Waringa Maina; Applicant: Susan Muthoni Wanjiru; Respondent: Cecilia Wanjiru Njoroge (deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Revision Case 3490 of 2004
- Procedural Posture
- Succession Cause / Ruling on Application for Vesting of Deceased Beneficiary's Share
- Outcome
- application allowed
- Judges
- DN Musyoka
- Legal Topics
- Succession, Administration of Estates, Vesting of Beneficiary Share
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Waringa Maina
Applicant
Susan Muthoni Wanjiru
Applicant
Cecilia Wanjiru Njoroge (deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Vesting of Deceased Beneficiary's Share
Legal Issues
- 1 Whether the share of a deceased beneficiary (Cecilia Wanjiru Njoroge) in the estate should be vested in the administrators of the estate of Njoroge Kamuru.
- 2 Whether the application for vesting the share is merited under the law of succession.
Ratio Decidendi
The court found that the application to vest the share of the deceased beneficiary, Cecilia Wanjiru Njoroge, in the administrators was merited. The share in question (0.25 acres of LR No. Riabai/Ndumberi/705) had been confirmed as hers in the certificate of confirmation of grant and by consent order. Upon her death, and in the absence of any opposition or alternative claim, the administrators were entitled to have the share vested in them for the purpose of proper administration and eventual distribution in accordance with the law of succession. The court allowed the application as prayed, ensuring compliance with the confirmed grant and the law.
Court Disposition
application allowed
Orders
- The application dated 21st May 2013 is allowed in the terms proposed.
- The share of 0.25 acres of LR No. Riabai/Ndumberi/705 previously allocated to Cecilia Wanjiru Njoroge is vested in Jane Waringa Maina and Susan Muthoni Wanjiru as administrators of the estate of Njoroge Kamuru, deceased.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 3490 OF 2004
IN THE MATTER OF THE ESTATE OF NJOROGE KAMURU – DECEASED
RULING
The application dated 21st May 2013 is by Jane Waringa Maina, one of the administrators of the estate of the deceased. She seeks that the share of a beneficiary, Cecilia Wanjiru Njoroge, who has since died, be vested unto her and Susan Muthoni Wanjiru as administrators of the estate of the Njoroge Kamuru, deceased.
The share in question is 0. 25 acres of LR No. Riabai/Ndumberi/705.
This cause was initially commenced at the Kiambu Chief Magistrate's Court as Case No. 118 of 1999. Grant was made on 26th July 1999 to James Peter Mathenge and Teresia Wanjiku Ngugi. Cecilia Wanjiru Njoroge was listed in the petition as a daughter of the deceased.
The administrators under the grant made by the Kiambu court applied for confirmation of grant on 15th August 2003 videan application of even date. The proposal, among others, was to give Cecilia Wanjiru Njoroge 0. 25 acres out of Ndumberi/Riabai/705. The grant was confirmed in those terms on 7th January 2004. A certificate of confirmation of grant issued accordingly on the same date.
The proceedings shifted from Kiambu to Nairobi when this matter was initiated at the High Court by way of a summons for revocation of grant dated 27th September 2004 at the instance of Regina Ann Wairimu Mata. Cecilia Wanjiru Njoroge was an issue - whether she was a survivor of the deceased was contested.
In the end the matter was resolved amicably on 15th November 2006 and Cecilia Wanjiru Njoroge was accepted by consent as a survivor of the deceased. The court thereafter directed that the estate be distributed in accordance with the proposal at paragraph 8 in the affidavit sworn on 26th October 2006 by James Peter Mathenge, Teresiah Wanjiku Ngugi and Cecilia Wanjiru Njoroge. According to the said proposal, Cecilia Wanjiru Njoroge was entitled to 0. 25 acres out of LR No. Riabai/Ndumberi/705.
From the above background, I find merit in the application dated 21st May 2013. I hereby allow it in the terms proposed. Costs shall be in the cause.
DATED, SIGNED and DELIVERED at NAIROBI this 8th DAY OF November, 2013.
W. M. MUSYOKA
JUDGE