[2017] KEHC 5936 (KLR)
The court determined that the estate, consisting solely of Nyandarua/Mkungi/48, should be distributed in accordance with its previous orders and the Law of Succession Act. Specific acreages were allocated to three individuals as previously ordered, and the remaining land was to be divided equally among the thirteen...
Source-derived case information.
- Citation
- [2017] KEHC 5936 (KLR)
- Parties
- Applicant: Peter Karanja Kiarie; Applicant: Francis Kaigu Kinuthia; Applicant: Joseph Njoroge Kimani; Respondent: Widows and children of Waweru Mwaniki Gatuha (13 survivors)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 691 of 1995
- Procedural Posture
- Succession Cause / Ruling on Distribution of Estate
- Outcome
- Estate distributed as per court orders; matter transferred for final disposal; costs in the cause.
- Judges
- DN Musyoka, MW Muigai
- Legal Topics
- Succession of Estates, Distribution of Property, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Karanja Kiarie
Applicant
Francis Kaigu Kinuthia
Applicant
Joseph Njoroge Kimani
Applicant
Widows and children of Waweru Mwaniki Gatuha (13 survivors)
Respondent
Procedural Posture
Succession Cause / Ruling on Distribution of Estate
Legal Issues
- 1 How should the estate of Waweru Mwaniki Gatuha, specifically Nyandarua/Mkungi/48, be distributed among the beneficiaries in accordance with the law and previous court orders?
- 2 What is the appropriate method for valuing and dividing the property among the survivors, considering prior excisions and the number of beneficiaries?
- 3 Should the distribution take into account the occupation or development by any of the survivors?
Ratio Decidendi
The court determined that the estate, consisting solely of Nyandarua/Mkungi/48, should be distributed in accordance with its previous orders and the Law of Succession Act. Specific acreages were allocated to three individuals as previously ordered, and the remaining land was to be divided equally among the thirteen survivors (widows and children) of the deceased. The court emphasized that the actual division on the ground should take into account any existing occupation or development by the beneficiaries. The court also ordered that the matter be transferred to the High Court at Nyahururu/Ol-Kalau for final disposal, as the property is situated within Nyandarua County. Costs were ordered...
Court Disposition
Estate distributed as per court orders; matter transferred for final disposal; costs in the cause.
Orders
- Nyandarua/Mkungi/48 to be distributed: 30 acres to Peter Karanja Kiarie, 5 acres to Francis Kaigu Kinuthia, 2 acres to Joseph Njoroge Kimani.
- Balance of land to be distributed equally among the thirteen survivors (widows and children) of the deceased.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 691 OF 1995
IN THE MATTER OF THE ESTATE OF WAWERU MWANIKI GATUHA (DECEASED)
RULING
1. On 11th December 2014, I made the following orders: -
(1) That Nyandarua/Mkungi/48 shall be distributed as follows:
(a) 30 acres to Peter Karanja Kiarie,
(b) 5 acres to Francis Kaigu Kinuthia, and
(c) 2 acres to Joseph Njoroge Kimani;
(2)That the balance of the land shall be distributed in accordance with the provisions of sections 40 and 42 of the Act; and
(3) That to facilitate the distribution above, the land to be valued before final orders on distribution are made.
2. In compliance with the said orders the District Lands Office, Nyandarua District, did a valuation of the subject property and filed herein a report dated 8th June 2016. The county valuation officer confirms that the property, Nyandarua/Mkungi/48, is registered in the name of the deceased. Its total acreage is put at forty-six decimal (46. 5) hectares or one hundred and fourteen decimal nine (114. 9) acres. Its total value is put at Kshs. 57, 500, 000. 00. There is a chart of the proposed excision of the four parcels due to Peter Karanja Kiarie, Francis Kaigu Kinuthia and Joseph Njoroge Kimani. After the excision, the balance available for distribution to the survivors of the deceased would be twenty nine decimal three (29. 3) hectares or seventy two decimal four (72. 4) acres.
3. The deceased had married twice. The two widows and all their children put together number thirteen (13). The 29. 3 hectares or 72. 4 acres should be divided into thirteen (13) equal units. Each of the thirteen survivors of the deceased shall take a unit each. The distribution on the ground should take into account any settlement or occupation or development by any of the survivors.
4. The distribution of the remaining free property of the deceased shall be in the terms set out above. The estate shall be distributed according to the terms of the ruling herein of 11th December 2014 and paragraph 3 here above. A certificate of confirmation of grant shall issue thereafter accordingly.
5. The estate of the deceased comprises only of Nyandarua/Mkungi/48. The property is situated within Nyandarua County. There is now domiciled at Nyahururu/Ol-Kalau a High Court station. This matter shall accordingly be transferred to the said High Court station for final disposal. Costs shall be in the cause.
DATED and SIGNED at NAIROBI this 3RD DAY OF MAY, 2017.
W. MUSYOKA
JUDGE
DELIVERED and SIGNED this 5TH DAY OF MAY, 2017.
M. MUIGAI
JUDGE