[2021] KEHC 7534 (KLR)
The court found that the applicants, as children of the deceased's daughter Janet Mpinda, have not been provided for in the application for confirmation of grant and are therefore interested parties with a right or expectancy in the estate. The court held that their interest is comparable to those of the deceased's...
Source-derived case information.
- Citation
- [2021] KEHC 7534 (KLR)
- Parties
- Applicant: Dorcus Kendi; Applicant: Gladys Karambu; Applicant: Duncan Mwongera; Respondent: Alice Mukomwene; Respondent: Moses Ntarangwi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 181 of 2015
- Procedural Posture
- Succession Cause / Ruling on Application for Joinder as Interested Parties
- Outcome
- Application allowed; applicants enjoined as interested parties; directions issued for identification of shares and confirmation of grant.
- Judges
- TW Cherere
- Legal Topics
- Succession and Inheritance, Joinder of Parties, Confirmation of Grant, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dorcus Kendi
Applicant
Gladys Karambu
Applicant
Duncan Mwongera
Applicant
Alice Mukomwene
Respondent
Moses Ntarangwi
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Joinder as Interested Parties
Legal Issues
- 1 Whether the applicants, as children of the deceased's daughter, are entitled to be enjoined as interested parties in the succession cause.
- 2 Whether the applicants have a right or expectancy in the deceased's estate comparable to those of the deceased's children.
- 3 Whether the applicants were properly provided for in the proposed distribution of the estate.
Ratio Decidendi
The court found that the applicants, as children of the deceased's daughter Janet Mpinda, have not been provided for in the application for confirmation of grant and are therefore interested parties with a right or expectancy in the estate. The court held that their interest is comparable to those of the deceased's children, and they are entitled to participate in the proceedings concerning the distribution of the estate. The court further directed the administrators to identify the respective shares of each beneficiary and to apply for confirmation of grant, ensuring that the applicants' interests are considered. The court also issued preservation orders to prevent intermeddling with the...
Court Disposition
Application allowed; applicants enjoined as interested parties; directions issued for identification of shares and confirmation of grant.
Orders
- The applicants Dorcus Kendi, Gladys Karambu, and Duncan Mwongera are enjoined to this cause as interested parties.
- The administrators Alice Mukomwene and Moses Ntarangwi are directed to identify respective shares of each beneficiary and apply for confirmation of grant within 30 days.
Full Case Text
Judgment text and source record
53 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
(CORAM: CHERERE-J)
REPUBLIC OF KENYA
SUCCESSION CAUSE NO 181 OF 2015
IN THE MATTER OF THE ESTATE OF ZAKAYO M’RITARI M’RWITO (DECEASED)
BETWEEN
DORCUS KENDI...........................................................1ST APPLICANT
GLADYS KARAMBU..................................................2ND APPLICANT
DUNCAN MWONGERA.............................................3RD APPLICANT
AND
ALICE MUKOMWENE.......1ST ADMINISTRATOR/RESPONDENT
MOSES NTARANGWI..........1ST ADMINISTRATOR/RESPONDENT
RULING
Introduction
1. ZAKAYO M’RITARI M’RWITO (DECEASED) died sometimes on 21st August, 1998.
2. His estate comprises:
LR.NO. NTIMA/NTAKIRA/2203
3. Deceased’ widow CHARITY MUTHONI predeceased him. Their children were:
1. Alice Mukomwene
2. Moses Ntarangwi
3. Janet Mpinda (deceased)
4. Joseph Muthomi Rithara
4. By a consent recorded in court on 13th December, 2016, the administrators herein were appointed to jointly administer the deceased’s estate and the 1st Administrator was directed to file an application for confirmation of the grant.
5. Prior to 13th December, 2016, the 1st Administrator had by an application dated 17th February, 2016 filed on 18th February, 2018 applied to distribute the estate of the deceased as follows:
LR.NO. NTIMA/NTAKIRA/2203 equally to
Erick Mwenda Miriti
Roselyn Kireriah Equally
LR.NO. KIIRUA/NKANDO/97
Alice Mukomwene 8 acres
Joseph Muthomi Rithara 8 acres
Moses Ntarangwi Balance
Summons
6. The Applicants who are children of the late Janet Mpindawho is daughter of the deceased have by a chamber summons dated 24th August, 2020 filed on 16th September, 2020 sought orders to be enjoined to this cause as interested parties.
7. The summons is supported by an affidavit sworn by the 1st Applicant on 24th August, 2020. She avers that the Applicants are in use and occupation of LR.NO. NTIMA/NTAKIRA/2203and that the same is not available for distribution the same having been bequeathed to their mother Janet Mpinda (deceased).
8. In response to the Protest, the 1st Administrator filed a replying affidavit sworn on 09th October, 2020. She avers that Joseph Muthomi Rithara who was neither married nor blessed with children has since died. Whereas she acknowledges that the Applicants are children of her late sister Janet Mpinda, she disputes that they are in use and occupation of LR.NO. NTIMA/NTAKIRA/2203. The 1st Respondent additionally avers that Applicants are married and are therefore not entitled to deceased’s estate.
9. I have carefully considered the summons in the light of the affidavits and submissions on record. It is not disputed that the Applicants who are children of deceased’s daughter Janet Mpinda (deceased)have not been provided for in the application for confirmation of grant dated 17th February, 2016 which was filed on 18th February, 2018
10. There is no doubt that the Applicants who represent their deceased mother are interested parties in deceased’s estate with a right or expectancy in the estate comparable to those of the deceased’s children.
11. Consequently, the chamber summons dated 24th August, 2020 and filed on 16th September, 2020 is found to be meritorious. It is therefore hereby ordered:
1. The Applicants DORCUS KENDI, GLADYS KARAMBU and DUNCAN MWONGERA are enjoined to this cause as interested parties
2. The Administrators Alice Mukomwene and Moses Ntarangwi are hereby directed to identify respective shares of each of the beneficiaries to the estate and apply for confirmation of grant within 30 days from the date hereof
3. Any party that will be dissatisfied with the mode of distribution proposed by the Administrators will be at liberty to file a protest
4. Pending the confirmation of the grant, a preservation order of LR.NO. NTIMA/NTAKIRA/2203 is hereby issued and the parties are hereby restrained from in any way intermeddling with the estate
5. The Administrators are directed to file evidence to proof that Joseph Muthomi Rithara is deceased and was neither married nor blessed with children
6. Mention on 20th July, 2021 to confirm compliance with order (2), (3) and (5) above and for further orders and/or directions
7. Costs shall be borne by the 1st Administrator/Respondent
DATED AT MERU THIS 29TH DAY OF APRIL,2021
T. W. CHERERE
JUDGE
Court Assistant - Morris Kinoti
For Applicants - N/A
For 1st Administrator - N/A