[2024] KEHC 9792 (KLR)
The court held that since the deceased died intestate, the distribution of his estate must be governed strictly by the Law of Succession Act. The appellant's claim to the entire estate based on alleged oral wishes of the deceased has no legal basis. The law does not recognize such wishes in the absence of a valid...
Source-derived case information.
- Citation
- [2024] KEHC 9792 (KLR)
- Parties
- Appellant: Simon Peter Mwangi Nahashon; Respondent: Ann Wanjiru Kangee
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Appeal E005 of 2021
- Procedural Posture
- Succession Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Judges
- DKN Magare
- Legal Topics
- Intestate Succession, Distribution of Estate, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Peter Mwangi Nahashon
Appellant
Ann Wanjiru Kangee
Respondent
Procedural Posture
Succession Appeal / Judgment
Legal Issues
- 1 Whether the appellant is entitled to the entire estate of the deceased based on alleged wishes of the deceased.
- 2 Whether the law of intestate succession permits distribution based on oral wishes to a beneficiary.
Ratio Decidendi
The court held that since the deceased died intestate, the distribution of his estate must be governed strictly by the Law of Succession Act. The appellant's claim to the entire estate based on alleged oral wishes of the deceased has no legal basis. The law does not recognize such wishes in the absence of a valid will. Therefore, the appeal against equal distribution fails both in law and in fact, and the estate must be distributed equally among the beneficiaries as provided by statute.
Court Disposition
appeal dismissed with costs
Orders
- The appeal is dismissed.
- The appellant shall pay costs of Kshs. 20,000 to the respondent within 45 days, failing which execution shall issue.
Full Case Text
Judgment text and source record
19 paragraphs
In re the Estate of Nahashon Githiri alias Nahashon Githiri Kimari Githiri s/o Kimari (Deceased) (Succession Appeal E005 of 2021) [2024] KEHC 9792 (KLR) (11 July 2024) (Judgment)
Neutral citation: [2024] KEHC 9792 (KLR)
Republic of Kenya
In the High Court at Nyeri
Succession Appeal E005 of 2021
DKN Magare, J
July 11, 2024
IN THE MATTER OF THE ESTATE OF NAHASHON GITHIRI alias NAHASHON GITHIRI KIMARI GITHIRI s/o KIMARI (DECEASED)
Between
Simon Peter Mwangi Nahashon
Appellant
and
Ann Wanjiru Kangee
Respondent
Judgment
1. Judgment herein relates to distribution. The Appellant is opposing the equal distribution of his father’s estate on grounds that the father had said that he gets everything in Plot No. Laikipia/Tigithi Matanya Block 5/825.
2. However, he started the case as an Intestate Succession. This means the deceased died without a will. With Intestate Succession, wishes which were expressed to a beneficiary remains that – wishes. They are phantom self serving statements with no basis in law. Even prophet Nathaniel when he was required to anoint a King he did not pick himself or his sons.
3. The Appeal herein has no basis in law and in fact. It is accordingly dismissed with costs of Kshs. 20,000/= to the Respondent payable in 45 days in default execution do issue.
DELIVERED, DATED AND SIGNED AT NYERI ON THIS 11TH DAY OF JULY, 2024. JUDGMENT DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.KIZITO MAGAREJUDGEIn the presence of:Appellant present in personCourt Assistant – Jedidah