[2014] KEHC 1127 (KLR)
The court found that the proposed distribution, as clarified in the supplementary affidavit, was fair and just, providing for the interests of all the deceased's children, including minors. The arrangement for Fraciah Wangari Mwangi to hold her share in trust for her children and to have a life interest was...
Source-derived case information.
- Citation
- [2014] KEHC 1127 (KLR)
- Parties
- Applicant: Fraciah Wangari Mwangi; Applicant: Eunice Wangari Irungu; Respondent: Stephen Maina Munge
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 903 of 2013
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant
- Outcome
- grant confirmed; distribution as per supplementary affidavit
- Judges
- DW Mbuteti
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate, Trusts in Succession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fraciah Wangari Mwangi
Applicant
Eunice Wangari Irungu
Applicant
Stephen Maina Munge
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant
Legal Issues
- 1 Whether the proposed distribution of the deceased's estate is fair and just to all beneficiaries.
- 2 Whether the 1st Administrator should hold her share in trust for the deceased's children and have a life interest therein.
- 3 Whether the deceased held the land in trust for himself and Stephen Maina Munge in equal shares.
Ratio Decidendi
The court found that the proposed distribution, as clarified in the supplementary affidavit, was fair and just, providing for the interests of all the deceased's children, including minors. The arrangement for Fraciah Wangari Mwangi to hold her share in trust for her children and to have a life interest was consistent with the Law of Succession Act. The consent of the adult children further validated the proposal. The court confirmed the grant and ordered distribution as per the supplementary affidavit.
Court Disposition
grant confirmed; distribution as per supplementary affidavit
Orders
- The grant is confirmed as sought.
- Distribution of LR Loc. 13/Karunge/2614 shall be as proposed at paragraph 5 of the further affidavit filed on 1st December 2014.
Full Case Text
Judgment text and source record
15 paragraphs
IN THE HIGH COURT OF KENYA
AT MURAN’GA
SUCCESSION CAUSE NO 903 0F 2013
IN THE MATTER OF THE ESTATE OF FRANCIS IRUNGU MUNGE – DECEASED
1. FRACIAH WANGARI MWANGI
2. EUNICE WANGARI IRUNGU.....................ADMINSTRATERS
R U L I N G
1. The Deceased herein, Francis Irungu Munge, was survived by his widow Fraciah Wangari Mwangi (1st Administrator) and five children, 3 of them minors. The Deceased's free estate comprises only one parcel of land, LR Loc. 13/Karunge/2614.
2. In their proposed distribution at paragraph 5 of the affidavit sworn in support of the summons dated 23rd July 2014 for confirmation of a grant, the said parcel of land would go to Fraciah Wangari Mwangi alone. Ordinarily she would hold that property in trust for the Deceased's children. Upon query by the court in this regard when the summons for confirmation came up for hearing on 20th November 2014, learned counsel for the Administrators explained that the land is going to the 1st Administrator alone so that she can transfer the same to its true owners as the Deceased was holding it in trust. Learned counsel undertook to explain all that in a supplementary affidavit to be filed.
3. Indeed a further affidavit sworn by both Administrators was filed on 1st December 2014. It is proposed that the parcel of land be shared equally between one Stephen Maina Munge and Fraciah Wangari Mwangi who would hold her portion in trust for her 5 children and have a life interest therein herself. Although it is not so stated, it appears that the Deceased held the land in trust for himself and the said Stephen Maina Munge in equal shares.
4. The adult children of the deceased have consented in writing to the proposed distribution. I am satisfied that the proposed distribution is fair and just and caters for the interest of all the children of the deceased.
5. In the circumstances I will confirm the grant as sought. Distribution shall be as proposed at paragraph 5 of the further affidavit filed on 1st December 2014. It’s so ordered.
DATED SIGNED AND DELIVERED AT MURANG'A THIS 5TH DAY OF DECEMBER 2014
H.P.G. WAWERU
JUDGE