[2012] KEHC 2704 (KLR)
The court found that the objectors had no legal basis for their objection, as the proposed distribution gave all children, including female children, an equal share of the estate. The objectors did not provide any alternative proposal or evidence to support their claim of unfairness. The law does not permit...
Source-derived case information.
- Citation
- [2012] KEHC 2704 (KLR)
- Parties
- Applicant: Nicholas Mutua Wambua; Respondent: Benard Kasia Wambua; Respondent: Patrick Muasya Wambua; Respondent: Alexander Kyalo Wambua
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 435 of 2010
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- grant confirmed; assets to be distributed as proposed by the administrator
- Judges
- GMA Dulu
- Legal Topics
- Intestate Succession, Distribution of Estate, Inheritance Rights, Gender Equality
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Mutua Wambua
Applicant
Benard Kasia Wambua
Respondent
Patrick Muasya Wambua
Respondent
Alexander Kyalo Wambua
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the proposed mode of distribution of the deceased's estate is fair and lawful.
- 2 Whether female children can be excluded from inheritance in intestacy.
- 3 Whether the objectors provided a valid legal basis for their objection to the proposed distribution.
Ratio Decidendi
The court found that the objectors had no legal basis for their objection, as the proposed distribution gave all children, including female children, an equal share of the estate. The objectors did not provide any alternative proposal or evidence to support their claim of unfairness. The law does not permit discrimination against female children in matters of inheritance. The proposed distribution was therefore deemed fair and in accordance with the law, and the grant was confirmed as proposed by the administrator.
Court Disposition
grant confirmed; assets to be distributed as proposed by the administrator
Orders
- The grant is confirmed.
- The assets of the deceased will be distributed as proposed by the administrator.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT MACHAKOS
Succession Cause 435 of 2010
IN THE MATTER OF THE ESTATE OF WAMBUA MUTIEalias TILUS WAMBUA MUTIE - DECEASED
NICHOLAS MUTUA WAMBUA ……… ADMINISTRATOR/PETITIONER
R U L I N G
Before me is a summons for confirmation of grant dated 19th July 2011. The affidavit sworn by Nicholas Mutua Wambua the petitioner on 19th July 2011 gives the proposed mode of distribution of the assets.
Three beneficiaries Benard Kasia Wambua, Patrick Muasya Wambua, and Alexander Kyalo Wambua objected to the proposed mode of distribution. They did not sign the consent for confirmation and proposed mode of distribution. They however, did not file their own proposal or proposals on the mode of distribution.
At the hearing of the summons, Benard Kasia and Alexander Wambua attended court. Patrick Wambua did not attend court. Other beneficiaries attended.
The objector Benard Kasia stated in court that he did not file a replying affidavit. He thought that the proposed division of the land assets was not fair. He appreciated that they had been given land to cultivate. The other objector present Alexander Wambua stated that plot 121 belonged to his father and brothers. It devolved from his grandfather. He acknowledged that Catherine, Winfred and Anna were his sisters. He stated that part of the land was sold to 3rd parties.
Learned counsel for the administrator Mr Kituku, submitted that the three objectors were not happy with sharing of the land with their sisters. Counsel stated that the deceased owned 1/5 of plot No. 121.
Having considered the summons, and rival submissions, I find no legal basis for the objection by the objectors. They were as much as possible, given an equal share through the proposed mode of distribution. They have also not filed any document to show their proposed mode of distribution. All children of a deceased person, are entitled to inheritance in intestacy, unless they choose of their own to waive their rights. Children are not discriminated on grounds of sex. Female children cannot therefore be excluded from inheritance. In my view, the proposed distribution is within the law. I find that the proposed distribution is fair.
Consequently, I confirm the grant. The assets will be distributed as proposed by the administrator.
Dated and delivered at Machakos this 19th day of June2012.
George Dulu
Judge
In presence of:-
Ms. Thiongo holding brief for O.N. Makau for applicant
Benard Kasia – Objector present in person
Nyalo – Court clerk.