[2018] KEHC 3665 (KLR)
The court found that the objector, Daniel Kithure, failed to specify from which parcel his claim arose and did not provide a reason for entitlement to 2 acres. The court considered the mode of distribution proposed by Margaret Kinankaro Francis as logical and equitable, as it provided for all children of the...
Source-derived case information.
- Citation
- [2018] KEHC 3665 (KLR)
- Parties
- Applicant: Margaret Kinankaro Francis; Respondent: Daniel Kithure (substituted for Marieta Gerrard)
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 419 of 2015
- Procedural Posture
- Succession Cause / Ruling on Objection to Grant and Mode of Distribution
- Outcome
- Objection dismissed; mode of distribution proposed by the petitioner adopted with modification.
- Legal Topics
- Succession of Estates, Grant of Letters of Administration, Revocation of Grant, Distribution of Land, Compulsory Acquisition Proceeds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Kinankaro Francis
Applicant
Daniel Kithure (substituted for Marieta Gerrard)
Respondent
Procedural Posture
Succession Cause / Ruling on Objection to Grant and Mode of Distribution
Legal Issues
- 1 Whether the temporary grant issued to Margaret Kinankaro Francis should be revoked as sought by the objector.
- 2 What is the appropriate mode of distribution of the deceased's estate among the beneficiaries.
- 3 How should the proceeds of compulsory acquisition of part of the estate be distributed.
Ratio Decidendi
The court found that the objector, Daniel Kithure, failed to specify from which parcel his claim arose and did not provide a reason for entitlement to 2 acres. The court considered the mode of distribution proposed by Margaret Kinankaro Francis as logical and equitable, as it provided for all children of the deceased and their survivors. The court adopted this mode of distribution, with the modification that proceeds from the compulsory acquisition of 0.69 acres from L.R Ntima/Igoki/919 should be shared equally among the deceased's children and/or their survivors. The costs of distribution and the cause are to be borne equally by all beneficiaries from the proceeds of the compulsory...
Court Disposition
Objection dismissed; mode of distribution proposed by the petitioner adopted with modification.
Orders
- The mode of distribution proposed by Margaret Kinankaro Francis in her affidavit sworn on 12th July 2016 is adopted, subject to the modification that proceeds of compulsory acquisition of 0.69 acres from L.R Ntima/Igoki/919 shall be shared equally among the deceased's children and/or their survivors.
- Costs of distribution and the cause to be borne equally by all beneficiaries from the proceeds of the compulsory acquisition.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 419 OF 2015
IN THE MATTER OF ESTATE OF RINGERA M’RIRIA ALIAS RINGERA RIRIA- (DECEASED)
MARGARET KINANKARO FRANCIS........................................PETITIONER
RULING
The deceased Ringera Riria alias M’Ringera M’Riria died on 10th April 1973 leaving behind 2 daughters in laws and a daughter namely Margaret Kinankaro Francis and Marieta Mutuma respectively and Muite Wachira. They consented to Margaret Kinankaro petitioning for letters of administration and grant was made on 24th November 2015. The deceased estate is comprised of L.R.No Ntima/Igoki/990 and 991 measuring 0. 40 Ha and 1. 21 Ha respectively.
Through M/s Kiogora Mugambi & Co Advocates, Marieta Gerrard had filed an objection dated 1st April 2016 seeking that temporary grant to Margaret Kinankaro should be revoked. Marieta died before prosecuting the objection and she was substituted with Daniel Kithure her son. The said Marrieta and now Daniel claimed that the Administrator intended to dispose suit parcels to strangers listed in the mode of distribution. Daniel Kithure testified and said that his deceased father was entitled to 2 acres of land from the estate but he does not specify from which of the 2 parcels and he does not give a reason. This leaves the court with the reasonable logical mode of distribution proposed by Margaret Kinankaro made in affidavit sworn on 12th July 2016 which is equally for the children of the deceased and/or their survivors. This court adopts that mode of distribution save that proceeds of compulsory acquisition of 0. 69 acres from L.R Ntima/Igoki/919 should be shared equally amongst the deceased persons children and/or their survivors.
Costs of the distribution and costs of cause should be borne by all beneficiaries equally from the proceeds of the compulsory acquisition.
HON. A.ONG’INJO
JUDGE
JUDGMENT DELIVERED, SIGNED AND DATED THIS 27TH DAY OF SEPTEMBER 2018.
In the presence:
C/A: Penina
Ngugi Advocate for Objector
Mr Nyagah holding brief for Muriuki for Petitioner.
HON. A.ONG’INJO
JUDGE