[2017] KEHC 6042 (KLR)
The court held that the applicant was not entitled to a share of the deceased's estate because the confirmed grant, as issued on 24th November 2011, only provided for the seven sons as beneficiaries and did not allocate any share to the applicant. The court emphasized that unless the judgment is reviewed and the...
Source-derived case information.
- Citation
- [2017] KEHC 6042 (KLR)
- Parties
- Applicant: Margaret Nyambura Mungai; Respondent: Wilson Kamau Mungai
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 375 of 2008
- Procedural Posture
- Succession Cause / Ruling on Chamber Summons for Subdivision and Distribution of Estate
- Outcome
- application dismissed
- Legal Topics
- Succession, Administration of Estates, Distribution of Estate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Nyambura Mungai
Applicant
Wilson Kamau Mungai
Respondent
Procedural Posture
Succession Cause / Ruling on Chamber Summons for Subdivision and Distribution of Estate
Legal Issues
- 1 Whether the applicant is entitled to a share of the deceased's estate despite the confirmed grant not providing for her.
- 2 Whether the court should order subdivision and distribution of the estate to include the applicant as a beneficiary.
- 3 Whether the respondent should be compelled to sign documents to facilitate subdivision and transfer.
Ratio Decidendi
The court held that the applicant was not entitled to a share of the deceased's estate because the confirmed grant, as issued on 24th November 2011, only provided for the seven sons as beneficiaries and did not allocate any share to the applicant. The court emphasized that unless the judgment is reviewed and the grant amended for good reason, the applicant's request for a share is untenable. The application for subdivision and distribution to include the applicant was therefore dismissed, as the administrators are bound by the terms of the confirmed grant.
Court Disposition
application dismissed
Orders
- The application dated 14th March 2017 is disallowed and dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
SUCCESSION CAUSE NO. 375 OF 2008
IN THE MATTER OF THE ESTATE OF MUNGAI KAMAU
ALIASMUNGAI KINGOI GITHOTHERO (DECEASED)
RULING
Through Chamber Summons dated 14th March, 2017, the applicant Margaret Nyambura Mungai the administrator herein sought for orders directing the Land Registrar Kiambu to sub-divide and erect beacons on the deceased’s estate in particular L.R. Kiambaa/Kihara/1086 and same be shared out amongst herself and her 7 seven children in equal shares.
Secondly, that the respondent Wilson Kamau Mungai one of her sons also a beneficiary be directed to sign all necessary and or relevant documents to facilitate subdivision and transfer and lastly, OCS Kiambu to provide security.
Application is premised on grounds on the face of it and affidavit in support sworn by the applicant on 21st February, 2017.
The applicant relied on Judge Kimaru’s judgment herein dated 24th day of November, 2011 which nullified the confirmed grant in the lower court and consequently ordered for the land in question to be shared out equally amongst the applicants seven children.
She however does not know that the said judgment did not provide any share for her.
The certificate of confirmation issued the same day gave the entire land LR Kiambaa/Kihara/3551 to the seven sons namely Wilson Kamau, Peter Munyui, Nganga Mungai, Stephen Ndungu Mungai, Karanja Mungai, Wilson Kimani and Gaturu Mungai in equal shares.
For the applicant to demand for a share which she was not provided for at this stage is untenable. She and her son Wilson Kamau are joint administrators hence should have provided for herself.
Unless Kimaru’s judgment is reviewed and grant amended for good reason, the prayer sought herein is not tenable.
In the circumstances, the application herein is disallowed and the same dismissed with no order as to costs.
DATED AND DELIVERED AT NAIROBI THIS 23RD DAY OF MARCH, 2017.
J.N. ONYIEGO (JUDGE)
23/3/2017