[2008] KEHC 2822 (KLR)
The court determined that the estate of the deceased comprised a total of 8.9 acres, not 9.89 acres as previously thought, and that there was no separate plot at Kiungani Centre for Rose. The court accepted the parties' agreement on the composition and distribution of the estate, allocating specific acreages to each...
Source-derived case information.
- Citation
- [2008] KEHC 2822 (KLR)
- Parties
- Petitioner: Mary Njoki Kimani
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- ? 8 of 1999
- Procedural Posture
- Probate and Administration Cause / Final Distribution Ruling
- Outcome
- final orders on distribution of estate granted
- Legal Topics
- Succession, Estate Distribution, Probate, Land Allocation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Njoki Kimani
Petitioner
Procedural Posture
Probate and Administration Cause / Final Distribution Ruling
Legal Issues
- 1 What is the correct acreage and composition of the deceased's estate for distribution.
- 2 How should the estate be distributed among the beneficiaries in accordance with the law and the deceased's intentions.
Ratio Decidendi
The court determined that the estate of the deceased comprised a total of 8.9 acres, not 9.89 acres as previously thought, and that there was no separate plot at Kiungani Centre for Rose. The court accepted the parties' agreement on the composition and distribution of the estate, allocating specific acreages to each beneficiary. The final distribution was ordered as follows: Joseph Mwangi (3.5 acres), Simon Wanyika (3.0 acres), Rose Wanjiru (2.2 acres), and Mary Njoki Kimani (0.2 acres). Each party was ordered to bear their own costs. The court's decision was based on the corrected understanding of the estate's assets and the consensus of the parties.
Court Disposition
final orders on distribution of estate granted
Orders
- Joseph Mwangi to receive 3.5 acres of the estate.
- Simon Wanyika to receive 3.0 acres of the estate.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITALE
P & A Cause 8 of 1999
IN THE MATTER OF THE ESTATE OF KIMANI GITUNDU ROBENSON – DECEASED
A N D
MARY NJOKI KIMANI :::::::::::::::::::::::::: PETITIONER
R U L I N G
In view of the matters which have come out from the parties today, it is clear that whereas the court had sub-divided a total of 9. 89 acres of land; and also whereas the court had acted under the mistaken nortion that the said land was separate from the plot at Kiungani Centre, the parties are in agreement as follows;
(a) The total estate is comprised of 8. 9 acres, which is divided into two distinct portions one portion is 0. 2 acres, whilst the other is 8. 7 acres.
(b) The deceased did not give to Rose a plot at Kiungani Centre, before his death. He had given her one (1) acre of land, within the farm.
In the circumstances, the final distribution of the farm within estate shall now be as follows.
(1) Joseph Mwangi - 3. 5 acres.
(2) Simon Wanyika - 3. 0 acres.
(3) Rose Wanjiru - 2. 2 acres.
(4) Mary Njoki Kimani - 0. 2 acres.
Total 8. 9 acres.
Those are the final orders of this court on the issue of distribution.
Each part to bear his own costs.
F.A. OCHIENG.
JUDGE.
31/1/2008.