[2007] KEHC 2026 (KLR)
The court found that the proposed distribution by the administrators, which included giving ½ an acre to the deceased's brother as a gift inter vivos and dividing the remaining estate between the two houses in accordance with the number of children, was fair and in line with the Law of Succession Act. The widows'...
Source-derived case information.
- Citation
- [2007] KEHC 2026 (KLR)
- Parties
- Applicant: Grace Wanyaga; Applicant: Faith Muthoni Ndwiga; Respondent: Simon Kinyua Ndwiga
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 348 of 2005
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant
- Outcome
- protest dismissed; grant confirmed as proposed by administrators
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate, Life Interest of Widows
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Grace Wanyaga
Applicant
Faith Muthoni Ndwiga
Applicant
Simon Kinyua Ndwiga
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant
Legal Issues
- 1 Whether the proposed distribution of the deceased's estate among the widows and children is fair and in accordance with the law.
- 2 Whether the protest by Simon Kinyua Ndwiga against the confirmation of grant has merit.
Ratio Decidendi
The court found that the proposed distribution by the administrators, which included giving ½ an acre to the deceased's brother as a gift inter vivos and dividing the remaining estate between the two houses in accordance with the number of children, was fair and in line with the Law of Succession Act. The widows' life interest and subsequent devolution to the children was also consistent with the law. The protest by Simon Kinyua Ndwiga lacked merit as the administrators' proposal adhered to statutory requirements and was agreed upon by both widows. Accordingly, the application for confirmation of grant was allowed, and the grant was confirmed as proposed by the administrators.
Court Disposition
protest dismissed; grant confirmed as proposed by administrators
Orders
- The protest by Simon Kinyua Ndwiga is dismissed.
- The application for confirmation of grant is allowed.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Succession Cause 348 of 2005
IN MATTER OF THE ESTATE OF NDWIGA NYAGA…......………DSD
AND
GRACE WANYAGA………………….…………………1ST PETITIONER
FAITH MUTHONI NDWIGA……………….….……….2ND PETITIONER
RULING
The application for confirmation of grant filed by Faith Muthoni Ndwiga and Grace Wanyaga is opposed by Simon Kinyua Ndwiga who has filed an affidavit in protest against confirmation of grant stating his objections and making proposals of how the estate should be distributed. Evidence shows that there are two widows of deceased both petitioners namely:-
1. Faith Muthoni
2. Grace Wanyaga
Faith said that the deceased in his life time gave his brother, Njagi Rurima a piece of land. This was confirmed by the co-wife Grace. Distribution of assets in a home with more than one wife is governed by provisions of Section 40 of the Act. Assets are divided between the two houses according to the number of children in that house and thereafter the distribution in each house is as set out in Section 35 of the Act.
The widows have life interest in the assets after their interest terminates the assets in that house shall be inherited by the children equally. Therefore as it is agreed by administrators to give to the deceased’s brother ½ an acre as their husband said that gift shall to go him. Njagi Rurima. The administrators have agreed to exercise their powers of appointment and to give the children of deceased shares of inheritance. This is in order and in accordance with the law. The administrators have allocated to themselves what they require.
I find the distribution being fair and the protest does not have any merit, I dismiss the same. The application for confirmation of grant is allowed. The grant is confirmed, the distribution is as proposed by the administrators confirmed.
I order certificate to issue.
It is so ordered. No order as to costs.
Dated this 27th November, 2007.
J. N. KHAMINWA
JUDGE
27/11/2007
Khaminwa – Judge
Njue – Clerk
Read in presence of parties in open court.
J. N. KHAMINWA
JUDGE