[2017] KEHC 365 (KLR)
The court found that the initial proposal for distribution did not properly provide for the daughters of the deceased, as their shares were to be held by the petitioners rather than given to them directly. Upon inquiry and with the agreement of all beneficiaries, a further affidavit was filed correcting this...
Source-derived case information.
- Citation
- [2017] KEHC 365 (KLR)
- Parties
- Applicant: Living Stone Karaya Murage; Applicant: Kanyotu Stanley Murage
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 683 of 2013
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- grant confirmed as amended
- Judges
- NA Matheka, J Ngaah
- Legal Topics
- Succession, Distribution of Estate, Confirmation of Grant, Beneficiaries Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Living Stone Karaya Murage
Applicant
Kanyotu Stanley Murage
Applicant
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether the initial proposed distribution of the estate properly provided for all beneficiaries, including the daughters of the deceased.
- 2 Whether the grant of letters of administration should be confirmed as amended by the further affidavit and consent of all beneficiaries.
Ratio Decidendi
The court found that the initial proposal for distribution did not properly provide for the daughters of the deceased, as their shares were to be held by the petitioners rather than given to them directly. Upon inquiry and with the agreement of all beneficiaries, a further affidavit was filed correcting this anomaly. The court was satisfied that the amended distribution reflected the true intentions of the parties and complied with the requirements of the Law of Succession Act. The grant of letters of administration was therefore confirmed in accordance with the amended terms, ensuring all beneficiaries, including daughters, received their rightful shares.
Court Disposition
grant confirmed as amended
Orders
- The grant of letters of administration issued on 6th December 2013 is confirmed as amended by the further affidavit and consent of all beneficiaries.
- LR NO. GAKAWA/KAHURURA BLK1/ICHUGA/117 to be distributed among the named beneficiaries in specified shares.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
HIGH COURT SUCCESSION CAUSE NO.683 OF 2013
IN THE ESTATE OF THE LATE SULEIMAN MURAGE MATU(DECEASED)
LIVING STONE KARAYA MURAGE.
KANYOTU STANLEY MURAGE………………………PETITIONERS/APPLICANTS
RULING
Before me is the Summons dated 2nd May 2015, for Confirmation of the Grant of letters of administration intestate issued on the 6th December 2013. The Summons was filed on 2nd May 2015 and is supported by the joint affidavit of the petitioners/applicants.
In the initial affidavit the in support of the summons, the applicants had not provided properly for the daughters of the deceased. Their share of the estate was to be share equally between the two petitioners to hold on their behalf.
When the summons came for hearing on the 7th November 2017, and in the presence of all the beneficiaries, the court, in compliance with s. 70 and 71 of the Law of Succession Act, asked the question why this was so, yet all the beneficiaries were adults.
It turned out that that was not what was intended. It was then agreed that the petitioners/applicants would swear a further affidavit correcting the anomaly.
This one was filed on the 7th November 2017.
I have perused the same and it reflects the agreed amendment to the Summons dated 2nd March 2015. It is also accompanied by a consent form signed by all the beneficiaries.
The grant of letters of administration issued on the 6th December 2013 in the Estate of SULEIMAN MURAGE MATU to LIVING STONE KARAYA MURAGE and KANYOTU STANLEY MURAGE is and is hereby confirmed in the following terms;
1. LR NO. GAKAWA/KAHURURA BLK1/ICHUGA/117 to be shared among the following beneficiaries in the following shares;
a. DUNCAN KIMONDO MURAGE---------------------------------0. 608Ha
b. KINGSTONE KARIGITHO MURAGE--------------------------0. 608Ha
c. STANLEY KANYOTU MURAGE---------------------------------0. 608Ha
d. LIVINGSTONE KARAYA MURAGE-----------------------------0. 456Ha
e. DUNCAN GITHINJI MURAGE----------------------------------0. 456Ha
f. ELIJAH MATU MURAGE-------------------------------------------1. 491Ha
g. DANIEL KARIGITHO MURAGE. --------------------------------0. 456Ha
2. LR MUTARA/THOME/BLOCK1/3452(MATHIRA), Mary Wanja Wotuko having ceded her share to Roselyn Kagure Murage, to be shared equally between the two houses and among the following beneficiaries in the following shares;
a. ½ share absolutely-------------------- ROSELYN KAGURE MURAGE
b. ½ share absolutely to be registered in their names in equal shares
i. MILIAM KARUGI MURAGE
ii. MARGARET NYAGUTHII MURAGE
iii. SUSAN WANGU MURAGE
iv. GLADYS MUMBI MURAGE
3. Costs of the summons to be in the cause
Teresia Matheka
Judge
Delivered at Nyeri this 7th Day of December 2017
Hon. Jairus Ngaah
Judge
In the presence of;