[2018] KEHC 5450 (KLR)
The court found that the initial distribution of the estate was defective as it omitted the estate of Japhet Luulu, a son of the deceased, contrary to the requirements of the Law of Succession Act. Upon revocation of the grant, the court considered the revised mode of distribution proposed by the applicant, which...
Source-derived case information.
- Citation
- [2018] KEHC 5450 (KLR)
- Parties
- Applicant: Jacob Mururu M’Kiambati; Respondent: Isaiah Kinyua Luulu; Respondent: Jediel Luulu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 510 of 2004
- Procedural Posture
- Succession Cause / Ruling on Protest to Confirmation and Distribution After Revocation of Grant
- Outcome
- Protest allowed in part; revised distribution confirmed with trust arrangement for Japhet Luulu's share.
- Legal Topics
- Intestate Succession, Distribution of Estate, Revocation of Grant, Trust for Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Mururu M’Kiambati
Applicant
Isaiah Kinyua Luulu
Respondent
Jediel Luulu
Respondent
Procedural Posture
Succession Cause / Ruling on Protest to Confirmation and Distribution After Revocation of Grant
Legal Issues
- 1 Whether the initial distribution of the deceased's estate was fair and equitable to all beneficiaries, including the estate of the late Japhet Luulu.
- 2 Whether the share of the late Japhet Luulu should be held in trust for his children and wife.
- 3 Whether the mode of distribution proposed after revocation of the grant is just.
Ratio Decidendi
The court found that the initial distribution of the estate was defective as it omitted the estate of Japhet Luulu, a son of the deceased, contrary to the requirements of the Law of Succession Act. Upon revocation of the grant, the court considered the revised mode of distribution proposed by the applicant, which included a share for the late Japhet Luulu. The court held that this revised distribution was fair and equitable, as it was agreed upon by the majority of beneficiaries and clan elders, and the other averments in the supporting affidavit were unchallenged. The court further reasoned that distributing the estate strictly equally among all beneficiaries would result in a negligible...
Court Disposition
Protest allowed in part; revised distribution confirmed with trust arrangement for Japhet Luulu's share.
Orders
- The one-acre share belonging to the late Japhet Luulu shall be held by Isaiah Kinyua Luulu in trust for his siblings in equal shares upon the beneficiaries petitioning for Letters of Administration.
- No orders as to costs.
Full Case Text
Judgment text and source record
48 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 510 OF 2004
IN THE MATTER OF ESTATE OF KIAMBATI MATAGU - (DECEASED)
JACOB MURURU M’KIAMBATI..........................................PETITIONER
VS
ISAIAH KINYUA LUULU.............................................1ST RESPONDENT
JEDIEL LUULU.............................................................2ND RESPONDENT
RULING
The deceased Kiambati Matagu died on 28th October 1969 and was survived by:-
1. Zipporah Ciomarimba – wife
2. Francis Gichunge – Son
3. Lesany Mioki – Son
4. Julius Mbaabu – Son
5. Joseph Muruingi – Son
6. Stephen Meeme – Son
7. Japhet Luulu – son – deceased.
8. Jacob Mururu – son
9. Geoffrey Kanyana
His intestate net estate is made up of L.R. Njia/Luburio/101. Grant of Letters of Administration was made on 19th April 2005 to Jacob Mururu M’Kiambati.
Distribution of the estate was done on 13. 11. 2006 as follows:-
Julius Mbaabu – 1 acre
Stephen Meeme – ½ acre
Joseph Murungi – 1 acre
Jacob Mururu – 2 ½ acres
Geoffrey Kanyano – 1 ½ acres
Isaiah Muriungi/Maria – 0. 10 acre
Jacob Mururu M’Kiambati – Balance
Certificate was issued on 14th February 2007.
On 18. 5.2007 the grant was revoked as distribution left out Japhet Luulu who was shown in the chief’s letter dated 27th April 2004 as son to the deceased. That the estate of the said Japhet Luulu was not provided for.
In consideration of the order made on 18th May 2007 and in consideration of the protest to confirmation and distribution herein by Isaiah Kinyua Luulu and in consideration of the submissions for and against protest, I have seen that the mode of distribution in affidavit of Jacob Mururu M’Kiambati which now the share included for the interested parties fathers share from L.R. No. Njia/Luburu/101 is fair and equitable because the other averments in the affidavit have not been challenged.
This mode of distribution was signed by the majority of beneficiaries and clan elders after the initial grant was revoked. If L.R. 101 was to be distributed equal to the beneficiaries listed in the chief’s letter the share for the late Japhet Luulu would reduce significantly and may not be of any economic benefit to his children and wife. This court therefore orders that the one acre share belonging to the late Japhet Luulu son to the deceased herein shall be held by Isaiah Kinyua Luulu in trust for his siblings in equal shares upon the beneficiaries petitioning for Letters of Administration.
No orders as to costs.
HON. A.ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 13TH DAY OF JULY 2018
IN THE PRESENCE OF:
C/A:- Penina
Petitioner: - Mr Ojiambo Advocate holding brief for Rimita Advocate for Petitioner.
Respondent :- Ms Okello holding brief for Mutegi for Interested Party.
HON. A.ONG’INJO
JUDGE
Ms Okello
We pray for a copy of the said judgement.
Order
Interested Party/Protesters counsel to be supplied with copy of judgement of copying charges.
HON. A.ONG’INJO
JUDGE