[2007] KEHC 369 (KLR)
The court found that the objector had, on a balance of probabilities, proved her claim that she received less acreage than agreed in the Gatarakwa property. The Petitioner did not deny this shortfall. The objector's evidence was corroborated by her son. To achieve fairness and compensate for the shortfall, the court...
Source-derived case information.
- Citation
- [2007] KEHC 369 (KLR)
- Parties
- Applicant: Jane Wanjiru Muchiri; Respondent: Phoebe Watetu Muchiri
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 94 of 1996
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- Objection upheld in part; estate distributed as per judgment.
- Legal Topics
- Distribution of Estate, Confirmation of Grant, Co Wives Inheritance, Land Allocation, Intestate Succession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Wanjiru Muchiri
Applicant
Phoebe Watetu Muchiri
Respondent
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Whether the objector is entitled to additional acreage from ENDARASHA SCHEME No. 61 to compensate for shortfall in Gatarakwa property.
- 2 How the estate of Solomon Muchiri Macharia should be equitably distributed between the co-wives.
Ratio Decidendi
The court found that the objector had, on a balance of probabilities, proved her claim that she received less acreage than agreed in the Gatarakwa property. The Petitioner did not deny this shortfall. The objector's evidence was corroborated by her son. To achieve fairness and compensate for the shortfall, the court ordered that the distribution of ENDARASHA SCHEME No. 61 be adjusted so that the objector receives 7.15 acres and the Petitioner 3.15 acres. This adjustment ensures equitable distribution of the estate between the co-wives in accordance with the agreements made and the principles of intestate succession.
Court Disposition
Objection upheld in part; estate distributed as per judgment.
Orders
- ENDARASHA SCHEME No. 61 to be distributed as follows: Phoebe Watetu Muchiri – 7.15 acres; Jane Wanjiru Muchiri – 3.15 acres.
- No order as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NYERI
SUCCESSION CAUSE 94 OF1996
IN THE MATTER OF THE ESTATE OF SOLOMON MUCHIRI MACHARIA (DECEASED)
JANE WANJIRU MUCHIRI……...........……PETITIONER
Versus
PHOEBE WATETU……...............………….OBJECTOR
JUDGMENT
The Petitioner and the objector are co-wives of the deceased. The Petitioner in her petition indicated that the only property of the estate was land parcel No. 61 ENDARASHA SCHEME. The objector raised an objection to confirmation of grant as proposed by the Petitioner on the basis that the estate had another property in Gatarakwa which at the time of the death of their deceased husband had not been registered. After his death the widows agreed on the division of that land. The objector stated that it was agreed that she would get 16 acres whilst the Petitioner would get 20 acres. When however the title came out the objector noted that she had been given 12 acres. She was of the view that the Petitioner was wrong to have taken the other acres she was entitled to and therefore was of the view that the confirmation being sought over the property ENDARASHA SCHEME No. 61 should be to the effect that 7. 15 acres would go to the objector and 3. 15 for the Petitioner. This the objector said would compensate her for the short fall she got in the Gatarakwa property. In her evidence the Petitioner did not deny that the objector was given less acreage as she had stated.
It should be noted that the objector s evidence was corroborated by her son. The court is therefore of the view that the objector has on a balance of probability proved her case. Accordingly the Petitioner shall obtain the acreage that is 3. 15.
In the final analysis the judgment of the court is that the property ENDARASHA SCHEME NO. 61 shall be distributed in the following manner:
PHOEBE WATETU MUCHIRI – 7. 15 ACRES
JANE WANJIRU MUCHIRI – 3. 15 ACRES
There shall be no orders as to costs.
MARY KASANGO
JUDGE
Dated and delivered at Nyeri this 15th day of November 2007.
By: M. S. A. MAKHANDIA
JUDGE