[2007] KEHC 1451 (KLR)
The court found that the objector, Phoebe Watetu Muchiri, had proven on a balance of probabilities that she received less acreage than agreed in the Gatarakwa property. The Petitioner did not deny this fact, and the objector's evidence was corroborated by her son. To achieve an equitable distribution and compensate...
Source-derived case information.
- Citation
- [2007] KEHC 1451 (KLR)
- Parties
- Petitioner: Jane Wanjiru Muchiri; Objector: Phoebe Watetu Muchiri
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 94 of 1996
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- The objector's claim is allowed. The property ENDARASHA SCHEME No. 61 shall be distributed as 7.15 acres to Phoebe Watetu Muchiri and 3.15 acres to Jane Wanjiru Muchiri.
- Legal Topics
- Succession, Distribution of Estate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Wanjiru Muchiri
Petitioner
Phoebe Watetu Muchiri
Objector
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Whether the objector is entitled to additional acreage from ENDARASHA SCHEME No. 61 to compensate for the shortfall in the Gatarakwa property.
- 2 How the estate of the deceased should be equitably distributed between the co-wives.
Ratio Decidendi
The court found that the objector, Phoebe Watetu Muchiri, had proven on a balance of probabilities that she received less acreage than agreed in the Gatarakwa property. The Petitioner did not deny this fact, and the objector's evidence was corroborated by her son. To achieve an equitable distribution and compensate for the shortfall, the court ordered that the ENDARASHA SCHEME No. 61 property be divided such that the objector receives 7.15 acres and the Petitioner receives 3.15 acres. This allocation reflects the court's commitment to fairness and upholding agreements made between the parties after the deceased's death.
Court Disposition
The objector's claim is allowed. The property ENDARASHA SCHEME No. 61 shall be distributed as 7.15 acres to Phoebe Watetu Muchiri and 3.15 acres to Jane Wanjiru Muchiri.
Orders
- ENDARASHA SCHEME No. 61 to be distributed as 7.15 acres to Phoebe Watetu Muchiri and 3.15 acres to Jane Wanjiru Muchiri.
- No orders as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
AT THE HIGH COURT AT NYERI
SUCCESSION CAUSE 94 OF 1996
IN THE MATTER OF THE ESTATE OF SOLOMON MUCHIRIMACHARIA-DECEASED
JANE WANJIRU MUCHIRI…….…………………….....…..………PETITIONER
Versus
PHOEBE WATETU……………………….………...…..…………….OBJECTOR
JUDGMENT
The Petitioner and the objector are co-wives of the deceased. The Petitioner in her petition indicated that the only property of the estate was land parcel No. 61 ENDARASHA SCHEME. The objector raised an objection to confirmation of grant as proposed by the Petitioner on the basis that the estate had another property in Gatarakwa which at the time of the death of their deceased husband had not been registered. After his death the widows agreed on the division of that land. The objector stated that it was agreed that she would get 16 acres whilst the Petitioner would get 20 acres. When however the title came out the objector noted that she had been given 12 acres. She was of the view that the Petitioner was wrong to have taken the other acres she was entitled to and therefore was of the view that the confirmation being sought over the property ENDARASHA SCHEME No. 61 should be to the effect that 7. 15 acres would go to the objector and 3. 15 for the Petitioner. This the objector said would compensate her for the short fall she got in the Gatarakwa property. In her evidence the Petitioner did not deny that the objector was given less acreage as she had stated. It should be noted that the objector s evidence was corroborated by her son. The court is therefore of the view that the objector has on a balance of probability proved her case. Accordingly the Petitioner shall obtain the acreage that is 3. 15. In the final analysis the judgment of the court is that the property ENDARASHA SCHEME NO. 61 shall be distributed in the following manner:
PHOEBE WATETU MUCHIRI – 7. 15 ACRES
JANE WANJIRU MUCHIRI – 3. 15 ACRES
There shall be no orders as to costs.
MARY KASANGO
JUDGE
Dated and delivered at Nyeri this 15th day of November 2007.
By: M. S. A. MAKHANDIA
JUDGE