[2014] KEHC 5505 (KLR)
The court determined that since the proceeds from Mwimbi Mungano Investment Ltd had already been distributed among the widow and sons, it would be impractical to require a refund. The ancestral land, Loc. 14/Kirui/1601, should remain with the widow and sons. The remaining assets, specifically Dandora Plot T 58...
Source-derived case information.
- Citation
- [2014] KEHC 5505 (KLR)
- Parties
- Applicant: Jacinta Nyambura Muraya; Applicant: John Wangai Muraya; Applicant: Peter Macharia Muraya; Applicant: James Waweru Muraya; Respondent: Lucy Njeri Chege; Respondent: Annastasia Muthoni Muraya; Respondent: Mary Wanjiku Ngomo; Respondent: Joyce Nduta Muraya; Respondent: Grace Wangai Muraya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 783 of 2010
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant
- Outcome
- Application for confirmation of grant allowed with specified mode of distribution.
- Judges
- DN Musyoka
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate, Intestate Succession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacinta Nyambura Muraya
Applicant
John Wangai Muraya
Applicant
Peter Macharia Muraya
Applicant
James Waweru Muraya
Applicant
Lucy Njeri Chege
Respondent
Annastasia Muthoni Muraya
Respondent
Mary Wanjiku Ngomo
Respondent
Joyce Nduta Muraya
Respondent
Grace Wangai Muraya
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant
Legal Issues
- 1 How should the estate of Samuel Muraya (deceased) be distributed among the beneficiaries?
- 2 Whether the shares in Akuisi Farmers Company Ltd should be included in the distribution despite uncertainty about their existence.
- 3 Whether previously distributed assets should be refunded or retained by the recipients.
Ratio Decidendi
The court determined that since the proceeds from Mwimbi Mungano Investment Ltd had already been distributed among the widow and sons, it would be impractical to require a refund. The ancestral land, Loc. 14/Kirui/1601, should remain with the widow and sons. The remaining assets, specifically Dandora Plot T 58 Muoroto and the shares in Akuisi Farmers Company Ltd, should be distributed among the daughters, who had not benefited from the previous distribution. The court also acknowledged the uncertainty regarding the existence of the Akuisi Farmers Company Ltd shares but ordered their distribution among the daughters should they be found to exist. The orders were made to ensure fairness and...
Court Disposition
Application for confirmation of grant allowed with specified mode of distribution.
Orders
- The application dated 19th July 2011 is hereby confirmed.
- Loc. 14/Kirui/1601 shall be shared equally between Jacinta Nyambura Muraya, John Wangai Muraya, Peter Macharia Muraya and James Waweru Muraya.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO.783 OF 2010
AND
IN THE MATTER OF SAMUEL MURAYA- (DECEASED)
RULING
1. I had on 29th May 2013 postponed the application dated 6th February 2012 which sought confirmation of the grant herein. This was designed to allow the administrators to obtain a valuation of the shares of the deceased in Akuisi Farmers Company Ltd. I had fixed the matter for mention on 1st July 2013.
2. When the matter came up on 1st July 2013, the parties indicated that they were not able to trace the offices of the Akuisi Farmers Company Ltd. The sons indicated that they were willing to forgo the said asset for distribution amongst the daughters.
3. As the money raised from the disposal of the shares in Mwimbi Mungano Investment Ltd has already been distributed amongst the widow and the sons, it may be pointless to ask them to refund the money. I note too that Loc. 14/Kirui/1601 is ancestral land measuring 35 acres, it is prudent to let the widow and sons to keep this asset too. The balance of the assets – that is to say Dandora Plot T 58 Muoroto and the shares in Akuisi Farmers Company Ltd – should be shared out amongst the other survivors of the deceased, those who did not participate in the distribution of the shares in Mwimbi Mungano Investments Ltd. As of now nobody knows whether the shares in Akuisi Farmers Company Ltd exist or not.
4. Consequently, I will make following final orders with respect to the application dated 6th February 2012:-
(a) That the application dated 19th July 2011 is hereby confirmed.
(b) That the estate of the deceased shall devolve as follows:-
(i) Loc. 14/Kirui/1601 shall be shared equally between Jacinta Nyambura Muraya, John Wangai Muraya, Peter Macharia Muraya and James Waweru Muraya.
(ii) Shares in Akuisi farmers Company Ltd shall be shared equally between Lucy Njeri Chege, Annastasia Muthoni Muraya, Mary Wanjiku Ngomo, Joyce Nduta Muraya and Grace Wangai Muraya.
(iii) Dandora Plot T. 58 Muoroto shall be shared equally between Lucy Njeri Chege, Annastasia Muthoni Muraya, Mary Wanjiku Ngomo, Joyce Nduta Muraya and Grace Wangai Muraya.
DATED, SIGNED and DELIVERED at NAIROBI this 25th DAY OF April 2014.
W. MUSYOKA
JUDGE
No appearance for the objector.
No appearance for the respondent.