[2015] KEHC 2042 (KLR)
The court determined that, in light of the issues raised regarding the inclusion of Nancy Wanjiru Ngethe as a beneficiary and the administrators' compliance with previous orders, the matter could not be resolved solely on affidavits. The court found it necessary to proceed by way of oral evidence to properly address...
Source-derived case information.
- Citation
- [2015] KEHC 2042 (KLR)
- Parties
- Applicant: Eliza Waithera Ngethe; Applicant: Peninah Njeri Ngethe; Respondent: Nancy Wanjiru Ngethe
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1086 of 2003
- Procedural Posture
- Succession Cause / Interlocutory Ruling on Mode of Distribution and Inclusion of Beneficiary
- Outcome
- Matter to proceed by way of oral evidence as directed; no final determination on distribution at this stage.
- Judges
- DN Musyoka
- Legal Topics
- Succession, Grant of Letters of Administration, Distribution of Estate, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eliza Waithera Ngethe
Applicant
Peninah Njeri Ngethe
Applicant
Nancy Wanjiru Ngethe
Respondent
Procedural Posture
Succession Cause / Interlocutory Ruling on Mode of Distribution and Inclusion of Beneficiary
Legal Issues
- 1 Whether Nancy Wanjiru Ngethe, as a child of the deceased, should be included as a beneficiary of the estate.
- 2 Whether the administrators complied with the court's order to file a fresh mode of distribution including Nancy Wanjiru Ngethe.
- 3 Whether the estate was distributed in accordance with the wishes of the deceased.
Ratio Decidendi
The court determined that, in light of the issues raised regarding the inclusion of Nancy Wanjiru Ngethe as a beneficiary and the administrators' compliance with previous orders, the matter could not be resolved solely on affidavits. The court found it necessary to proceed by way of oral evidence to properly address the contested issues of distribution and the alleged intervivos transfer. This approach ensures that all parties have an opportunity to present their positions fully and that the distribution of the estate is conducted in accordance with the law and the interests of justice.
Court Disposition
Matter to proceed by way of oral evidence as directed; no final determination on distribution at this stage.
Orders
- The matter shall be disposed of by way of oral evidence as previously directed by the court.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
SUCCESSION CAUSE NO. 1086 OF 2003
IN THE MATTER OF THE ESTATE OF SOLOMON NGETHE NGANGA (DECEASED)
RULING
1. The deceased herein died on 13th January 1997.
2. Representation to his estate was sought vide a petition lodged in court on 5th May 2003 by the administrators herein who described themselves as his widows. They stated that he was survived by the following individuals-
a. Eliza Waithera Ngethe – widow
b. Peninah Njeri Ngethe – widow
c. Andrew Ng’ang’a Solomon – son
d. Peter Kamau Ngethe – son
e. Charles Kinyanjui Ngethe – son
f. Peter Kamau Ngethe – son
g. Samuel Njubi Ngethe – son
h. Mary Wairimu Oyuda – daughter
i. Eunice Wanjiku Ngethe – daughter
3. He was expressed to have died possessed of a property known as Kiambaa/Kihara/284 and shares in Kenya Fuel & Bark Co Ltd, Bahati Muthingi Nyakinyua Group Co. Ltd and Gatamaiyu.
4. A grant of letters of administration intestate of the estate was made to the widows on 1st July 2003. The grant was confirmed on 25th October 2004 according to the certificate of confirmation of grant of 7th January 2005. The estate was distributed as per the said certificate.
5. On 11th February 2005, Nancy Wanjiru Ngethe lodged a summons for revocation of grant alleging to be a child of the deceased who had been left out in the distribution. The said application was resolved by consent when it was recorded on 18th February 2013 that she be included as a beneficiary of the estate. It was further agreed that the administrators do file a fresh mode of distribution of the estate.
6. The administrators did comply with the orders of 18th February 2013 by filing affidavits on distribution. The two similar affidavits of Eliza Waithera Ngethe and Peninnah Ngethe were sworn on 30th May 2013 and filed herein on 31st May 2013.
7. The administrators have taken the position that they distributed the estate of the deceased in accordance with his wishes. Fundamentally, they state that she benefited from an intervivos transfer of property known as Kiambaa/Karura/1556.
8. Nancy Wanjiru Ngethe has not sworn an affidavit in reply to the affidavits of the administrators, instead she drew a witness statement and filed it in court on 7th August 2014 in compliance with directions given by Muchelule J. of 28th July 2014.
9. In view of the issues raised in the affidavits of the administrators, I am of the opinion that the matter be disposed of by way of oral evidence as directed by Muchelule J. on 28th July 2014.
10. It is so ordered.
DATED, SIGNED and DELIVERED at NAIROBI this 9TH DAY OF OCTOBER, 2015.
W. MUSYOKA
JUDGE