[2019] KEHC 3742 (KLR)
The court found that all children except Teresa Waithiegeni Muna had effectively renounced their inheritance in favour of their mother, Julietah Mumbi Muna. Teresa was entitled to the portion of land previously given to her by the deceased and the administrator, amounting to 0.50 acres. The remainder of the estate,...
Source-derived case information.
- Citation
- [2019] KEHC 3742 (KLR)
- Parties
- Applicant: Julietah Mumbi Muna; Respondent: Teresa Waithiegeni Muna
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 41 of 2015
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- grant confirmed and estate distributed as ordered
- Judges
- DW Mbuteti
- Legal Topics
- Intestate Succession, Distribution of Estate, Grant of Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julietah Mumbi Muna
Applicant
Teresa Waithiegeni Muna
Respondent
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Whether the grant of letters of administration intestate should be confirmed in favour of the widow as absolute proprietor of the estate land.
- 2 Whether the eldest child, Teresa Waithiegeni Muna, is entitled to a specific portion of the estate as previously given by the deceased and administrator.
Ratio Decidendi
The court found that all children except Teresa Waithiegeni Muna had effectively renounced their inheritance in favour of their mother, Julietah Mumbi Muna. Teresa was entitled to the portion of land previously given to her by the deceased and the administrator, amounting to 0.50 acres. The remainder of the estate, 2.34 acres, was to be registered absolutely in the name of the widow. The grant was confirmed as sought, with the estate distributed accordingly.
Court Disposition
grant confirmed and estate distributed as ordered
Orders
- Julietah Mumbi Muna to be registered as absolute proprietor of 2.34 acres of L.R. NANYUKI/SOUTH TIMAU BLOCK 1/291.
- Teresa Waithiegeni Muna to be registered as absolute proprietor of 0.50 acres of L.R. NANYUKI/SOUTH TIMAU BLOCK 1/291.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NANYUKI
SUCCESSION CAUSE NO 41 OF 2015
(IN THE MATTER OF THE ESTATE OF REUBEN MUNA, DECEASED)
J U D G M E N T
1. The Deceased in this estate, REUBEN MUNA, died intestate on 21/07/2011. He was survived by his wife, JULIETAH MUMBI MUNA, and seven (7) children (all adults) as follows:-
i. TERESA WAITHIEGENI MUNA
ii. NANCY NYAGUTHII KIBURI
iii. JANE WAMBUI WAHOME
iv. SIMON MAINA MUNA
v. ESTHER WANJIRU MUNA
vi. EUNICE NYAKINYUA MAINA
vii. PAUL WAHOME MUNA
2. The Deceased’s estate comprises one parcel of land, L.R. NANYUKI/SOUTH TIMAU BLOCK 1/291that measures approximately 1. 15 Ha (2. 84 Acres).
3. On 30/05/2016 a grant of letters of administration intestate in respect to the Deceased’s estate was made and issued to his widow, the aforesaid Julietah Mumbi Muna. By a summons dated 29/09/2016 she applied for confirmation of that grant. In her affidavit sworn in support of that application she proposed that she be registered the absolute owner of the land comprising the estate. This was as clarified in her supplementary affidavit filed in court on 16/07/2018.
4. The seven children of the Deceased made representations in court. All except one agreed that their mother should be registered as absolute proprietor of the land comprising the estate of the Deceased. The dissenting voice was that of the eldest child, Teresa Waithiegeni Muna. She stated that there was about half-an-acre of the land that had already been given to her by the Deceased and the Administrator, and she wanted that. Most of her siblings had no objection to this. Teresa is of course entitled to a portion of her father’s estate, just as all her siblings would be entitled if they had not, as it were, renounced their inheritance in favour of their mother.
5. That being how matters stand, the court will confirm the grant as sought. Distribution of the Deceased’s estate (which comprises L.R. NANYUKI/SOUTH TIMAU BLOCK 1/291) shall be as follows:-
i. JULIETAH MUMBI MUNA: 2. 34 ACRES Absolutely
ii. TERESA WAITHIEGENI MUNA: 0. 50 ACRES Absolutely
It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 16TH DAY OF OCTOBER 2019
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 17TH DAY OF OCTOBER 2019