[2011] KEHC 173 (KLR)

[2011] KEHC 173 (KLR)

The court found that the deceased left a valid oral will, which was witnessed by family members and complied with by the beneficiaries, particularly the objector's mother, who distributed her share of the estate during her lifetime. The court determined that the Cherangani Settlement Scheme Plot No. 179 was sold to Chege Nduguga before the deceased's death, and that the objector's mother never contested this during her lifetime. The court also found no credible evidence to support the objector's claims regarding additional properties in Nairobi, Kiambu, or Nakuru. The court concluded that the estate had already been distributed in accordance with the deceased's wishes, and that the...

Citation
[2011] KEHC 173 (KLR)
Parties
Petitioner: James Njuguna Nganga; Objector: Joseph Nganga Ngige
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
15 December 2011
Case Number
Succession Cause 468 of 2005
Procedural Posture
Succession Cause / Judgment
Outcome
Objection dismissed; grant confirmed as per supporting affidavit dated 8/2/2011.
Judges
RPV Wendoh
Legal Topics
Intestate Succession, Distribution of Estate, Validity of Will, Confirmation of Grant
Source Language
English
Family and Children Intestate Succession Distribution of Estate Validity of Will Confirmation of Grant

Case Brief

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Parties

James Njuguna Nganga

Petitioner

Joseph Nganga Ngige

Objector

Procedural Posture

Succession Cause / Judgment

Legal Issues

  1. 1 Whether the deceased left a valid will dictating the distribution of his estate.
  2. 2 Whether the Cherangani Settlement Scheme Plot No. 179 forms part of the deceased's estate or was sold to Chege Nduguga before the deceased's death.
  3. 3 Whether there are any remaining assets of the deceased's estate available for distribution.

Ratio Decidendi

The court found that the deceased left a valid oral will, which was witnessed by family members and complied with by the beneficiaries, particularly the objector's mother, who distributed her share of the estate during her lifetime. The court determined that the Cherangani Settlement Scheme Plot No. 179 was sold to Chege Nduguga before the deceased's death, and that the objector's mother never contested this during her lifetime. The court also found no credible evidence to support the objector's claims regarding additional properties in Nairobi, Kiambu, or Nakuru. The court concluded that the estate had already been distributed in accordance with the deceased's wishes, and that the...

Court Disposition

Objection dismissed; grant confirmed as per supporting affidavit dated 8/2/2011.

Orders

  • The grant issued to the petitioner and objector is confirmed in terms of paragraph 5 of the supporting affidavit dated 8/2/2011.
  • The whole of Cherangani Settlement Scheme Plot No. 179 is confirmed to Damaris Wanjiru Chege, widow of David Chege Nduguga.