[2008] KEHC 2593 (KLR)
The court held that in the case of a polygamous estate, section 40 of the Law of Succession Act applies, requiring distribution of the estate among the houses according to the number of children in each house, with the mother counted as an additional unit. The court found the administrators' proposal for...
Source-derived case information.
- Citation
- [2008] KEHC 2593 (KLR)
- Parties
- Applicant: Jerusha Nguru Gitau; Applicant: Michael Nyaga Amos; Respondent: Patrick Mburu Nyaga Amos Gitau
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 1373 of 2002
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- Grant confirmed as proposed by administrators.
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate, Polygamous Estate, Section 40 Law of Succession Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jerusha Nguru Gitau
Applicant
Michael Nyaga Amos
Applicant
Patrick Mburu Nyaga Amos Gitau
Respondent
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Whether the grant of representation should be confirmed as proposed by the administrators.
- 2 How the estate of a deceased person in a polygamous family should be distributed under section 40 of the Law of Succession Act.
Ratio Decidendi
The court held that in the case of a polygamous estate, section 40 of the Law of Succession Act applies, requiring distribution of the estate among the houses according to the number of children in each house, with the mother counted as an additional unit. The court found the administrators' proposal for distribution to be fair and in accordance with the law, and therefore confirmed the grant as proposed by the administrators.
Court Disposition
Grant confirmed as proposed by administrators.
Orders
- The grant is confirmed as proposed by the administrators.
- Certificate of confirmation of grant to issue as proposed.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU
Succession 1373 of 2002
IN THE MATTER OF THE ESTATE OF AMOS GITAU GIKUBIA (DECEASED)
AND
JERUSHA NGURU GITAU…………………………………………1ST PETITIONER
MICHAEL NYAGA AMOS………………………………..…………2ND PETITIONER
VERSUS
PATRICK MBURU NYAGA AMOS GITAU…………..…………………OBJECTOR
JUDGMENT
Application dated 14/11/2005 seeks orders for confirmation of grant issued by court on 16/5/2005. The affidavit in support of the application gives identifications of the beneficiaries. It is disclosed that the deceased had 2 wives one of who has died. There is disagreement in the proposals for distribution. Patrick Mburu Nyaga and some of beneficiaries file a protest alleging that one of the application for confirmation got lost and therefore he wishes both proposals to be considered. He exhibited some two green cards which show that that father deceased was registered as proprietor on 10. 3.96 and on 16/5/1974 it is recorded the father died. The land to be distributed is identified as:-
1. Ngandori/Kirigi/887
2. Ngandori/Kirigi/2313
These are the assets. The protestor proposes that each survivor to be given their shares separately so that all have equal shares. This being a polygamous home section 40 succession Act applies the assets should be shared by each house in accordance according to the number of children adding mother as an additional unit.
I therefore find the proposed distribution by the administrator fair and in accordance with the law. The grant is hereby confirmed and I order the certificate to issue as proposed by administrators.
No order as to costs.
Dated this 7th April, 2008.
J. N. KHAMINWA
JUDGE
7/4/2008
Khaminwa – Judge
Njue – Clerk
Mr. J. Kathungu present
All interested parties present
Read in open court.
J. N. KHAMINWA
JUDGE