[2019] KEHC 9594 (KLR)
The court determined that, given the sons had already benefitted from larger portions of land during the deceased's lifetime, fairness required that the remaining parcel, LR 718, be shared in a manner that recognizes both the need for preservation of the family home and equitable distribution among the remaining...
Source-derived case information.
- Citation
- [2019] KEHC 9594 (KLR)
- Parties
- Petitioner: Geoffrey Mburugu Mukiri; Petitioner: Silas Gitobu M’Mukiri; Applicant: Isabella Kathure Rubi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 175 of 2011
- Procedural Posture
- Succession Cause / Ruling
- Outcome
- Partial grant of application; estate distributed as per court's directions.
- Legal Topics
- Distribution of Estate, Inter Vivos Gifts, Succession of Land, Beneficiary Entitlements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Mburugu Mukiri
Petitioner
Silas Gitobu M’Mukiri
Petitioner
Isabella Kathure Rubi
Applicant
Procedural Posture
Succession Cause / Ruling
Legal Issues
- 1 Whether parcel LR 718 (Ntima/Igoki/718) should be shared equally among the deceased's sons and daughters or given entirely to the daughters since the sons had already benefitted from larger portions of land during the deceased's lifetime.
- 2 How the deceased's home and house should be preserved and maintained for the benefit of all family members.
Ratio Decidendi
The court determined that, given the sons had already benefitted from larger portions of land during the deceased's lifetime, fairness required that the remaining parcel, LR 718, be shared in a manner that recognizes both the need for preservation of the family home and equitable distribution among the remaining beneficiaries. Specifically, 1/8 of the land on which the home and house is situated should be preserved and registered in the names of the administrators and Isabella Kathure Rubi in trust for the family, while the balance of 0.895 acres should be shared equally among the six beneficiaries (Makena, Catherine, Isabella, Geoffrey, Justus, and Henry), each receiving 0.15 acres. This...
Court Disposition
Partial grant of application; estate distributed as per court's directions.
Orders
- 1/8 of LR 718 to be preserved and registered in the names of the administrators and Isabella Kathure Rubi in trust for the family.
- The balance of 0.895 acres of LR 718 to be shared equally among Makena, Catherine, Isabella, Geoffrey, Justus, and Henry, each receiving 0.15 acres.
Full Case Text
Judgment text and source record
48 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
SUCCESSION CAUSE NO. 175 OF 2011
IN THE ESTATE OF STEPHEN M’MUKIRI M’NCAU
GEOFFREY MBURUGU MUKIRI
SILAS GITOBU M’MUKIRI..............................................PETITIONERS
VERSUS
ISABELLA KATHURE RUBI.........APPLICANT/INTERESTED PARTY
RULING
The deceased herein on 12th August 2007 and was survived by the wife Julia Karoki, 5 daughters and 4 sons as per the letter dated 13th August 2010 from Chief of Nthimbiri location;
From the evidence of Geoffrey Mburugu the 1st Administrator herein and it is not indispute the deceased person subdivided his parcel of land No. Ntima/Igoki/620 into several portions namely.
a) Ntima/Igoki/710
b) Ntima/Igoki/711
c) Ntima/Igoki/712
d) Ntima/Igoki/713
e) Ntima/Igoki/714
f) Ntima/Igoki/715
g) Ntima/Igoki/716
h) Ntima/Igoki/717
i) Ntima/Igoki/718
That the portions of land were shared out by the deceased as follows:-
a) Ntima/Igoki/710 – sold to Mugambi
b) Ntima/Igoki/711 – given to Makena – 0. 030 ha (0. 07 acres)
c) Ntima/Igoki/712- given to Catherine – 0. 030 Ha (0. 07 acres)
d) Ntima/Igoki/713- given to Isabella – 0. 030 Ha (0. 07 acres)
e) Ntima/Igoki/714- given to Geoffrey Mburugu – 0. 615 Ha (1. 50 acres)
f) Ntima/Igoki/715 -given to Justus Nturubi – 0. 615 Ha (1. 50 acres)
g) Ntima/Igoki/716-given to Henry Mugambi – 0. 615 Ha (1. 50 acres)
h) Ntima/Igoki/717- given to Eunice Kajuju – 0. 030 Ha (0. 07 acres)
i) Ntima/Igoki/718 – remained in the name of the deceased but meant for the deceased persons widow Juliah Karoki – 0. 412 Ha (1. 02 acres)
The 1st Administrator admitted that even if the deceased persons daughters shared LR 718 on their own equally their shares would still be less than that given by the deceased to the sons. Silas Gatobu M’Mukiri said the deceased gave him LR Nthimbiri/Igoki/321 measuring 3. 25 acres and he didn’t want any share from LR 718 but he prayed that LR 718 be shared equally amongst the sons and daughters of the deceased .
The issue in contention is whether LR 718 – Ntima/Igoki – should be shared by Makena, Catherine, Isabella, Geoffrey, Justus and Henry equally or whether the same should be given to the daughters entirely to share since the sons of the deceased had benefitted inter vivos from bigger portions of land.
The view of the court is that the deceased persons home and house should be preserved for future use and visit by all family members and the Administrators herein as well as Isabella Kathure Rubi are charged with the duty of mobilizing the rest of the deceased persons children to maintain 1/8 of the land on which the home and house is situate. In that case 1/8 of the land will be registered in the name of the 3 in trust for the rest of the family. The balance of land of the land 0. 895 acres to be shared equally amongst the 6 beneficiaries i.e. 0. 15 acres each.
There shall be no orders as to costs.
...................................
HON. A.ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 28TH DAY OF FEBRUARY 2019.
In the presence of:
CA:-
Mr Nyenyire Advocate for Petitioner
Mr Otieno Advocate for 1st Petitioner – N/A
2nd Petitioner – N/A
Applicant:-present in person
.....................................
HON. A.ONG’INJO
JUDGE