[2015] KEHC 3867 (KLR)
The court found that the deceased's estate should be distributed among the seven identified beneficiaries, with specific recognition that two properties were held in trust for Esther Njeri Kamau and should be transferred to her. The remainder of the estate is to be shared equally among the other beneficiaries in...
Source-derived case information.
- Citation
- [2015] KEHC 3867 (KLR)
- Parties
- Applicant: Esther Njeri Kamau; Respondent: Esther Wanjiku Njoroge; Respondent: James Kagwima Njoroge; Respondent: Stephen Ihugo Njoroge; Respondent: Laban Njuguna Njoroge; Respondent: Hannah Mumbi Mbuthi; Respondent: Margaret Wanjiku Kuria
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2544 of 2007
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- Grant confirmed; estate distributed as directed.
- Judges
- DN Musyoka
- Legal Topics
- Succession, Distribution of Estate, Confirmation of Grant, Trust Property, Identification of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Njeri Kamau
Applicant
Esther Wanjiku Njoroge
Respondent
James Kagwima Njoroge
Respondent
Stephen Ihugo Njoroge
Respondent
Laban Njuguna Njoroge
Respondent
Hannah Mumbi Mbuthi
Respondent
Margaret Wanjiku Kuria
Respondent
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Who are the rightful beneficiaries of the deceased's estate under the Law of Succession Act.
- 2 How should the estate be distributed among the beneficiaries, including property held in trust for a third party.
- 3 Whether the grant of representation should be confirmed in the proposed terms.
Ratio Decidendi
The court found that the deceased's estate should be distributed among the seven identified beneficiaries, with specific recognition that two properties were held in trust for Esther Njeri Kamau and should be transferred to her. The remainder of the estate is to be shared equally among the other beneficiaries in accordance with Section 40 of the Law of Succession Act, which governs the distribution of estates where the deceased was polygamous. The court was satisfied as to the identities of the beneficiaries and the shares due to each, and confirmed the grant accordingly.
Court Disposition
Grant confirmed; estate distributed as directed.
Orders
- Limuru/Bibirioni/2618 (0.62 Ha) and Limuru/Bibirioni/T.65 (0.27 Ha) to be transferred to Esther Njeri Kamau.
- The remainder of the estate to be shared equally among the other beneficiaries as per the schedule attached to the further submissions dated 13th February 2014.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
SUCCESSION CAUSE NO. 2544 OF 2007
IN THE MATTER OF THE ESTATE OF NJOROGE THAIYA (DECEASED)
RULING
1. On 31st January 2014 I postponed confirmation of the grant made on 16th February 2011. I directed the administrators to group the survivors in accordance with the households they belong to and further that Limuru/Bibirioni/2618 and Limuru/Bibirioni/T.65 be allotted to Esther Njeri Kamau, with the rest of the assets being divided equally among the survivors as per the provisions of Section 40 of the Law of Succession Act.
2. In response to the said directions, counsel for the 1st petitioner and six of the beneficiaries filed further submissions on 14th February 2014, dated 13th February 2014. He identified the beneficiaries of the estate as seven (7) persons, namely – Esther Wanjiku Njoroge, James Kagwima Njoroge, Stephen Ihugo Njoroge, Laban Njuguna Njoroge, Hannah Mumbi Mbuthi, Margaret Wanjiku Kuria and Esther Njeri Kamau.
3. The deceased had married twice. Of the two wives, only the second one is surviving. The deceased first wife was survived by two daughters, being Hannah Mumbi Mbuthi and Margaret Wanjiku Kuria. The second wife survived the deceased with her three children, namely James Kagwima Njoroge, Stephen Ihugo Njoroge and Laban Njuguna Njoroge.
4. Esther Njeri Kamau is not the wife of the deceased, but a sister-in-law of the deceased. She features in these proceedings because the deceased held two properties – Limuru/Bibirioni/2618 (0. 62Ha) and Limuru/Bibirioni/T.65 (0. 27 Ha) – in trust for her.
5. I am now satisfied as to the identities of the persons entitled to a share in the estate of the deceased and to their respective shares.
6. I thereby direct that the grant dated 16th February 2011 be confirmed and the estate of the deceased be distributed in the following terms:-
a. Limuru/Bibirioni/2618 (0. 62 Ha) and Limuru/Bibirioni/T.65 (0. 27 Ha) to Esther Njeri Kamau; and
b. The rest of the assets to be shared equally in accordance with schedule attached to the further submissions dated 13th February 2014.
7. Costs shall be in the cause.
DATED, SIGNED and DELIVERED at NAIROBI this 3RD DAY OF JULY, 2015.
W. MUSYOKA
JUDGE
In the presence of Mr. Mabua for Mr. Gitau advocate for the Applicant.
In the presence of ………….…..….…… advocate for the Respondent.