[2024] KEHC 10377 (KLR)
The court found that the administrators' proposed mode of distribution, which provided for equal sharing of both the upper and lower portions of Dagoretti/Mutuini/189 among all ten beneficiaries (including the estates of deceased children), was fair and equitable. The court noted that the protester's claim of...
Source-derived case information.
- Citation
- [2024] KEHC 10377 (KLR)
- Parties
- Applicant: Esther Nyaguthii Gitau; Applicant: Joan Margaret Kurungari; Respondent: Wangui Gitau
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1030 of 2008
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- protest dismissed; grant confirmed as per administrators' proposal
- Judges
- SN Riechi
- Legal Topics
- Succession, Distribution of Estate, Confirmation of Grant, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Nyaguthii Gitau
Applicant
Joan Margaret Kurungari
Applicant
Wangui Gitau
Respondent
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Whether the proposed mode of distribution by the administrators is fair and equitable to all beneficiaries.
- 2 Whether the protest by Wangui Gitau regarding exclusion of Herbert Mungai and alleged unequal distribution is meritorious.
Ratio Decidendi
The court found that the administrators' proposed mode of distribution, which provided for equal sharing of both the upper and lower portions of Dagoretti/Mutuini/189 among all ten beneficiaries (including the estates of deceased children), was fair and equitable. The court noted that the protester's claim of exclusion of Herbert Mungai was not substantiated, as the final confirmed distribution included him. The court also observed that the majority of surviving beneficiaries supported the administrators' proposal, and that the protest was not supported by any other beneficiary. The protest was therefore dismissed, and the grant confirmed in accordance with the administrators' proposal,...
Court Disposition
protest dismissed; grant confirmed as per administrators' proposal
Orders
- The protest by Wangui Gitau is dismissed.
- The grant of letters of administration is confirmed as per the administrators' proposed mode of distribution.
Full Case Text
Judgment text and source record
28 paragraphs
In re Estate of Wilfred Gitau Munge (Deceased) (Succession Cause 1030 of 2008) [2024] KEHC 10377 (KLR) (Family) (23 August 2024) (Judgment)
Neutral citation: [2024] KEHC 10377 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 1030 of 2008
SN Riechi, J
August 23, 2024
IN THE MATTER OF THE ESTATE OF WILFRED GITAU MUNGE (DECEASED)
Judgment
1. This petition relates to the estate of Wilfred Gitau Ndunge who died on 18th January, 1980. He was survived by the following beneficiaries:Name Relationship Statusa.Siplhilas Wanjiku Gitau Wife Deceasedb.Winfred Nyokabi Gitau Daughter Deceasedc.Ndichu Gitau Son Deceasedd.Kenneth Mwathi Gitau Son Deceasede.Herbert Mungai Son Deceasedf.Wangu Gitau Daugher 73 Yearsg.Leah Gachiku Gitau Daughter 69 yearsh.Irene Njoki Gitau Daughter 66 yearsi.Joan M Karungari Daughter 63 yearsj.Lincon N Gitau Son 59 yearsk.Nancy Rugutu Gitau Daughter 56 years
2. He had Dagoretti/Mutuini/189 as his only property which comprise of the estate. The grant of letters of administration was issued severally to administrators who died before completion of the succession. By applications, the deceased administrators were substituted on 10th March, 2020 a grant of letters of administration was issued to Esther Nyaguthii Gitau and Joan Margaret Kurungari. On 1st February, 2017 the administrix filed these summons for confirmation seeking the grant issued on 10th march, 2020 be confirmed. The same was later abandoned.
3. The administrators then filed their summons for confirmation dated 16th march, 2023 which came up for hearing on 24th July, 2023. The summons is supported by affidavit sworn by Joan Karengari Njoroge sworn on 16th March, 2023. Wangui Gitau filed an affidavit of protest against the confirmation of the grant.
4. The matter proceeded by way of viva voce evidence. Esther Nyaguthii Giatu testified on behalf of the administrators. She testified that the deceased Wilfred Gitau Munge was married to Sybilla Wanjiru Gitau who is also deceased. They had 9 children: -Name Relationship Status1. Sybilla Wanjiru Gitau Wife Deceased2. Winfred Nyokabi Kimani Daughter Deceased3. Edwin Ndichu Gitau Son Deceased4. Kenneth Mwathi Gitau Son Deceased5. Wangui Gitau Daughter 78 years6. Leah Gachiku Gitau Daughter 74 years7. Irene Njoki Gitau Daughter Deceased8. Joan M Karungari Daughter 67 years9. Lincon N Gitau Son Deceased10. Nancy Rugutu Gitau Daughter 61 years
5. The deceased had only one property Dagoretti Mutuini/189. In their proposed mode of distribution is as follows: -BENEFICIARIES ASSET SHARE
1. The estate of Edwin Ndichu Gitau2. The Estate of Kenneth Mwathi Gitau3. The Estate of Lincoln Mumira Gitau ¾ of the Upper Portion of Dagoretti/Mutuini/189 Jointly in equal shares
The families of the six daughters of the deceased will jointly own the portion.These are:1. The Estate of Winfred Nyokabi Kimani2. Wangui Gitau3. Leah Gachiku Mulokwa4. The estate of Irene Njoki Gitau5. Joan Karungari Njoroge6. Nancy Ruguru Kinuthia ¼ of the Upper Portion of Dagoretti/Mutuini/189 where their mother the late Sybilla Wanjiru Gitau (deceased) residence stands Jointly in equal shares
1. The Estate of Winfred Nyokabi Kimani2. The estate of Edwin Ndichu Gitau3. The estate of Kenneth Mwathi Gitau4. Wangui Gitau5. Leah Gachiku Mulokwa6. The estate of Irene Njoki Gitau7. Joan Karungari Njoroge8. The Estate of Lincoln Mumira Gitau9. Nancy Ruguru Kinuthia The Lower part of Dagoretti/Mutuini/189 To be sold and the proceeds to be shared equally among all the beneficiaries or their surviving families
6. Her proposal is supported by eight (8) of the beneficiaries. As for Herbert Mungai he was not provided for as he is deceased and was not married.
7. Wangui Gitau the protester did not testify but adopted her proposed mode of distribution. In her view the estate should be distributed as follows:Number Particulars of Assets Beneficiary Share
Upper Side Portion Dagoretti/Mutuini/189 1. The Estate of Winfred Nyokabi Gitau2. The Estate of Ndichu Gitau3. The Estate of Kenneth Mwathi Gitau4. The Estate of Herbert Mungai5. Wangui Gitau6. Lean Gachiku7. The Estate of Irene Njoki gitau8. Joan M Karungari9. Lincoln N Gitau10. Nancy Ruguru Gitau In Equal Shares
Lower side portion Dagoretti/Mutuini/189 1. The Estate of Winfred Nyokabi Gitau2. The Estate of Ndichu Gitau3. The Estate of Kenneth Mwathi Gitau4. The Estate of Herbert Mungai5. Wangui Gitau6. Lean Gachiku7. The Estate of Irene Njoki gitau8. Joan M Karungari9. Lincoln N Gitau10. Nancy Ruguru Gitau To be sold and proceeds to be shared equally among the beneficiaries of their surviving families.
8. The protesters proposed mode of distribution is not supported by any other beneficiary. In her affidavit of protest she avers that the administrators proposed mode of distribution leaves out Herbert Mungai (deceased) despite being a son of deceased. She also depone that the administrators proposed mode of distribution gives ¾ to the sons of deceased and 6 daughters to share the remaining quarter.
9. I note that the deceased died in 1980. The children of the deceased are quite elderly. The youngest aged 61 years old. All the male beneficiaries are deceased. The surviving daughter are Wangui Gitau – 78 years, Joan Karungari Njoroge - 67 years, Leah Gachiku Mulokwa – 74 years and Nancy Ruguru Kinuthia – 61 years. All of these surviving daughters have confirmed that they agree with the distribution by the administrators except the daughter of Wangui Gitau the protester.
10. I have considered the protest and the administrators proposed mode of distribution. I find the distribution equitable and fair. I find no merit in the protest which is hereby dismissed. The grant issued is hereby confirmed on the distribution as hereunder: -Number Particulars of Assets Beneficiary Share
Upper Side Portion Dagoretti/Mutuini/189 11. The Estate of Winfred Nyokabi Gitau12. The Estate of Ndichu Gitau13. The Estate of Kenneth Mwathi Gitau14. The Estate of Herbert Mungai15. Wangui Gitau16. Lean Gachiku17. The Estate of Irene Njoki gitau18. Joan M Karungari19. Lincoln N Gitau20. Nancy Ruguru Gitau In Equal Shares
Lower side portion Dagoretti/Mutuini/189 11. The Estate of Winfred Nyokabi Gitau12. The Estate of Ndichu Gitau13. The Estate of Kenneth Mwathi Gitau14. The Estate of Herbert Mungai15. Wangui Gitau16. Lean Gachiku17. The Estate of Irene Njoki gitau18. Joan M Karungari19. Lincoln N Gitau20. Nancy Ruguru Gitau To be sold and proceeds to be shared equally among the beneficiaries of their surviving families. Each party to bear their own costs.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 23RD DAY OF AUGUST, 2024S N RIECHIJUDGE