[2015] KEHC 7105 (KLR)
The court found that the process for substitution of beneficiaries and the proposed distribution of the remainder of the estate for the house of Njeri Ndinguri was proper, as consents had been filed by all relevant beneficiaries. The previous revocation of the grant had been limited to the shares of the house of...
Source-derived case information.
- Citation
- [2015] KEHC 7105 (KLR)
- Parties
- Applicant: Gilbert Kiiru Ndinguri; Respondent: Njambi Ndinguri; Respondent: Teresia Kabura Ndinguri
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1457 of 1989
- Procedural Posture
- Succession Cause / Confirmation of Grant and Distribution of Estate
- Outcome
- Grant confirmed and estate distributed as per affidavit.
- Judges
- LA Achode
- Legal Topics
- Succession, Grant of Letters of Administration, Revocation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gilbert Kiiru Ndinguri
Applicant
Njambi Ndinguri
Respondent
Teresia Kabura Ndinguri
Respondent
Procedural Posture
Succession Cause / Confirmation of Grant and Distribution of Estate
Legal Issues
- 1 Whether the grant of letters of administration should be confirmed with respect to the house of Njeri Ndinguri.
- 2 Whether the distribution of the remainder of the estate should follow the substituted beneficiaries as per the affidavit dated 30th July 2013.
Ratio Decidendi
The court found that the process for substitution of beneficiaries and the proposed distribution of the remainder of the estate for the house of Njeri Ndinguri was proper, as consents had been filed by all relevant beneficiaries. The previous revocation of the grant had been limited to the shares of the house of Njeri Ndinguri, and the shares of the house of Wanjiru Ndinguri remained unaffected. The court confirmed the grant for the house of Njeri Ndinguri and ordered distribution in accordance with the affidavit dated 30th July 2013, finding no further objection or procedural defect.
Court Disposition
Grant confirmed and estate distributed as per affidavit.
Orders
- The Grant of Letters of Administration to the remainder of the estate of Simon Ndinguri Kiiru is confirmed with regard to the house of Njeri Ndinguri.
- The remainder of the estate of the deceased is to be distributed in accordance with paragraph 7 of the supporting affidavit dated 30th July 2013 to the beneficiaries in the house of Njeri Ndinguri.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
PROBATE AND ADMINISTRATION DIVISION
SUCCESSION CAUSE NO. 1457 OF 1989
IN THE MATTER OF THE ESTATE OF SIMON NDINGURI KIIRU (DECEASED)
R U L I N G
1. A grant of letters of Administration to the Estate of Simon Ndinguri Kiiru was given to his two widows, namely Njeri Ndinguri and Wanjiru Ndinguri on 22nd March 1990. Upon the demise of Njeri Ndinguri, her name as Administratrix was replaced by that of her son Gilbert Kiiru Ndinguri. The grant was confirmed on 8th December 1995.
2. In an application dated 26th April 1996, Njambi Ndinguri and Teresia Kabura Ndinguri being children of the house of Njeri Ndinguri, prayed for the revocation of the said grant on grounds that the proceedings were defective and the grant was obtained fraudulently, by concealment of the fact that the applicants were heirs.
3. The court heard presentations from both sides and in a ruling dated 28th November 1996 Githinji J, as he then was, revoked the grant as it related only to the shares of the members of the house of Njeri Ndinguri. The shares of the children of Wanjiru Ndinguri as set out in the certificate of confirmation remained valid.
4. The Applicants were directed to file an affidavit of protest to confirmation of grant restricted to the shares of their brothers and sisters in the house of Njeri Ndinguri.
5. On 30th September 2014 Gilbert Kiiru the Administrator for the shares of the deceased’s estate devolving to the house of Njeri Kingori Ndinguri filed on affidavit sworn on 30th July 2013, for the distribution of the remainder of the estate of the deceased. In the stated affidavit the distribution of the property as proposed in 1996 was essentially maintained, with the exception that the name of Ann Njeri Ndinguri was substituted for that of Teresia Kabura, and the name of Paul Komu Karanja was substituted for that of Margaret Njoki Karanja.
6. Anne Njeri Ndinguri is the daughter of Teresia Kabura the daughter to Simon Ndinguri Kiiru (the deceased) who has since demised. Paul Komu Karanja is the son of Margaret Njoki Karanja who was the daughter-in-law to Simon Ndinguri Kiiru (the deceased). Her husband Charles Karanja who was the son of the deceased predeceased her and she herself has since passed on. Consents were filed by other beneficiaries both for the substitution of the said names, and for the distribution of the remainder of the estate.
7. That being the matrix of this succession cause it therefore pleases me to order that:
1. The Grant of Letters of Administration to the remainder of the estate of Simon Ndinguri Kiiru be confirmed with regard to the house of Njeri Ndinguri.
2. The remainder of the estate of the deceased be distributed in accordance with paragraph 7 (seven) of the supporting affidavit dated 30th July 2013 to the beneficiaries in the house of Njeri Ndinguri.
It is so ordered.
SIGNED DATEDandDELIVEREDin open court this 3rd day of March 2015.
…………………………………….
L. A. ACHODE
JUDGE