[2011] KEHC 881 (KLR)

[2011] KEHC 881 (KLR)

The court found that the parcel of land known as LR No. Kikuyu/Kikuyu Block 1/68, being jointly registered under the Registered Land Act, devolved to the surviving proprietor, Simon Kuria Ngugi, upon the death of the deceased and is therefore not available for distribution as part of the estate. The other properties, though jointly owned, were not registered under the Registered Land Act, and the deceased's share in those properties forms part of his estate and is available for distribution to his beneficiaries. The court also found no sufficient evidence to support the objector's claim that the properties were family property held in trust. The grant was not revoked, and the estate was...

Citation
[2011] KEHC 881 (KLR)
Parties
Applicant: Lucy Wahu Chege; Applicant: Paul Mburu Chege; Objector: Lucy Njeri Ngugi
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
2 September 2011
Case Number
Succession Cause 2399 of 2002
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Objection
Outcome
Grant confirmed in part; objection dismissed in part; estate distributed as directed.
Judges
LK Kimaru
Legal Topics
Succession of Estates, Joint Ownership, Trusts Inheritance, Distribution of Estate
Source Language
English
Family and Children Land and Property Succession of Estates Joint Ownership Trusts Inheritance Distribution of Estate

Case Brief

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Parties

Lucy Wahu Chege

Applicant

Paul Mburu Chege

Applicant

Lucy Njeri Ngugi

Objector

Procedural Posture

Succession Cause / Ruling on Confirmation of Grant and Objection

Legal Issues

  1. 1 Whether certain properties form part of the estate of the deceased or devolved to the surviving joint proprietor upon death.
  2. 2 Whether the grant of letters of administration should be revoked for alleged concealment or fraud.
  3. 3 How the estate of the deceased should be distributed among the beneficiaries.

Ratio Decidendi

The court found that the parcel of land known as LR No. Kikuyu/Kikuyu Block 1/68, being jointly registered under the Registered Land Act, devolved to the surviving proprietor, Simon Kuria Ngugi, upon the death of the deceased and is therefore not available for distribution as part of the estate. The other properties, though jointly owned, were not registered under the Registered Land Act, and the deceased's share in those properties forms part of his estate and is available for distribution to his beneficiaries. The court also found no sufficient evidence to support the objector's claim that the properties were family property held in trust. The grant was not revoked, and the estate was...

Court Disposition

Grant confirmed in part; objection dismissed in part; estate distributed as directed.

Orders

  • LR No. Undiri Scheme/147 to be held by Lucy Wahu Chege and Paul Mburu Chege in trust for Lucy Wahu Chege and all the children of the deceased.
  • Motor Vehicle Registration No. KZB 135 to be inherited by Lucy Wahu Chege.