[2019] KEHC 11757 (KLR)
The court declined to distribute the property allocated to the deceased in his father's estate among the five beneficiaries, holding that such distribution must be sought in the relevant succession cause (No. 2521 of 2009) where the administrators and beneficiaries of that estate can be heard. The court confirmed...
Source-derived case information.
- Citation
- [2019] KEHC 11757 (KLR)
- Parties
- Applicant: Catherine Njeri Nduati; Respondent: Rose Nyawira Kibe
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2071 of 2011
- Procedural Posture
- Succession Cause / Ruling on Application for Confirmation of Grant
- Outcome
- Application for further distribution declined; grant confirmed as per Court of Appeal distribution.
- Judges
- AO Muchelule
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate, Intestate Succession
- 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
Catherine Njeri Nduati
Applicant
Rose Nyawira Kibe
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Confirmation of Grant
Legal Issues
- 1 Whether the court should confirm the grant in respect of the estate of Paul Mbugua Kibe as sought by the applicant.
- 2 Whether the property allocated to the deceased in the estate of his father should be distributed among the five beneficiaries in equal shares.
- 3 Whether the court can issue orders affecting the estate of David Kibe Waweru in the absence of its administrators and beneficiaries.
Ratio Decidendi
The court declined to distribute the property allocated to the deceased in his father's estate among the five beneficiaries, holding that such distribution must be sought in the relevant succession cause (No. 2521 of 2009) where the administrators and beneficiaries of that estate can be heard. The court confirmed the joint grant issued to the applicant and respondent in terms of the distribution ordered by the Court of Appeal, as the beneficiaries of the deceased's estate are now known and the appellate court's decision is binding. The application for further distribution was therefore not granted, and no orders were made as to costs.
Court Disposition
Application for further distribution declined; grant confirmed as per Court of Appeal distribution.
Orders
- The application dated 29th April 2016 is declined.
- No orders as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
SUCCESSION CAUSE NO. 2071 OF 2011
IN THE MATTER OF THE ESTATE OF PAUL MBUGUA KIBE (DECEASED)
CATHERINE NJERI NDUATI........................APPLICANT
VERSUS
ROSE NYAWIRA KIBE..............................RESPONDENT
RULING
1. The application dated 29th April 2016, and filed on the same date, by the applicant Catherine Njeri Nduati seeks the confirmation of the grant in respect of the deceased Paul Mbugua Kibe issued jointly to her and to the respondent Rose Nyawira Kibe on 13th December 2012 be confirmed. The properties sought to be distributed in the confirmation are in respect of the estate of the deceased’s father, the late David Kibe Waweru, in High Court of Kenya at Nairobi Succession Cause No. 2521 of 2009. In the certificate of confirmation in this later cause certain property were allocated to the estate of Paul Mbugua Kibe.
2. Some background to this dispute is necessary. The deceased Paul Mbugua Kibe died intestate on 30th November 2009. He was survived by his widow (the applicant) with whom he had two children, Cynthia Mumbi Mbugua and Philip Kibe Mbugua. He had previously married the respondent, and the marriage had been dissolved on 22nd June 1994. This marriage had been blessed with children, David Allan Kibe Mbugua and Brian Joel Gatungo Mbugua. The deceased’s estate comprised money (Kshs. 47,374,183/=) that he left in the bank when he died. A joint grant was issued to the applicant and the respondent. There was a dispute regarding how the estate was to be shared. On 21st March 2014 Justice Musyoka delivered a ruling distributing the estate (the money). The respondent was dissatisfied with the distribution. She appealed to the Court of Appeal. The Court of Appeal decided the matter on 22nd September 2017. It redistributed the estate as follows:-
a) the applicant – Kshs. 3,110,697/-
b) Cynthia – Kshs. 3,110,697/-
c) Philip – Kshs. 3,110,697/-
d) Brian – Kshs. 11,828,545. 25 and
e) David – Kshs. 11,828,545. 25
3. The applicant is seeking that the property allocated to the deceased in the estate of his father (David Kibe Waweru in Succession Cause No. 2521 of 2009) be equally distributed to the five beneficiaries herein (the applicant, Cynthia, Philip, David and Brian) so that each gets 1/5th of each property.
4. My considered view is this. Now that the beneficiaries of the estate of the deceased are known, the applicant should move to the court in Succession Cause No 2521 of 2009 for each of these beneficiaries to be allocated his/her share from what is due to the estate of the deceased. The reason is that the administrators and the beneficiaries of the estate of the deceased David Kibe Waweru would have a right to be heard on such an application. They are not parties to the present application, and orders cannot issue against the estate without reference to them.
5. It is for this reason that I decline the invitation to deal with the application dated 29th April 2016, and make no orders as to costs.
6. For the avoidance of doubt, however, the joint grant issued to the applicant and the respondent in the instant estate on 13th December 2012 is hereby confirmed in terms of the Court of Appeal distribution which is contained in paragraph 2 above. A certificate of confirmation shall issue.
DATEDAND DELIVERED AT NAIROBI THIS 8TH OCTOBER 2019.
A.O. MUCHELULE
JUDGE