[2011] KEHC 1083 (KLR)
The court found that the daughters of the deceased, as beneficiaries, were unlawfully excluded from the distribution of the estate and had not waived their rights to inherit. Additionally, the estate's debts had not been settled prior to distribution, violating the principle that only the net estate is...
Source-derived case information.
- Citation
- [2011] KEHC 1083 (KLR)
- Parties
- Applicant: Julius Macharia Munene; Respondent: Veronica Mukami Ndiangui; Respondent: Peter Gitonga Munene
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 375 of 2005
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation of Grant
- Outcome
- grant revoked; fresh grant to be issued jointly to Julius Macharia Munene and Veronicah Mukami Ndiangui
- Judges
- JK Sergon
- Legal Topics
- Revocation of Grant, Distribution of Estate, Rights of Female Beneficiaries, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Julius Macharia Munene
Applicant
Veronica Mukami Ndiangui
Respondent
Peter Gitonga Munene
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the grant issued to Veronicah Mukami Ndiangui and Peter Gitonga Munene should be revoked due to exclusion of some beneficiaries.
- 2 Whether the estate was distributed before settlement of debts contrary to succession law.
- 3 Whether the female beneficiaries' rights to inheritance were lawfully waived or ignored.
Ratio Decidendi
The court found that the daughters of the deceased, as beneficiaries, were unlawfully excluded from the distribution of the estate and had not waived their rights to inherit. Additionally, the estate's debts had not been settled prior to distribution, violating the principle that only the net estate is distributable. These procedural and substantive irregularities justified the revocation of the confirmed grant. The court ordered that a fresh grant be issued in the joint names of Julius Macharia Munene and Veronicah Mukami Ndiangui, with liberty to apply for confirmation of grant before the lapse of six months.
Court Disposition
grant revoked; fresh grant to be issued jointly to Julius Macharia Munene and Veronicah Mukami Ndiangui
Orders
- The confirmed grant issued to Veronicah Mukami Ndiangui and Peter Gitonga Munene is revoked.
- A fresh grant shall be issued in the joint names of Julius Macharia Munene and Veronicah Mukami Ndiangui.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
SUCCESSION CAUSE NO. 375 OF 2005
IN THE MATTER OF THE ESTATE OF MUNENE GITONGA (DECEASED)
JULIUS MACHARIA MUNENE & 7 OTHERS............................APPLICANTS
VERSUS
VERONICA MUKAMI NDIANGUI................................................RESPONDENT
RULING
Julius Macharia Munene and 7others filed the Summons for Revocation of Grant dated 21st October 2010. In the aforesaid Summons, the Applicants are seeking for the grant given to Veronicah Mukami Ndiangui and Peter Gitonga Munene to be revoked. The Applicants accused the aforesaid administrators of having colluded to file secretly succession proceedings in respect of the Estate of Munene Gitonga, deceased. It is stated that all the female beneficiaries of the Estate were left out of the sharing of the Estate. The Applicants further complained that the grant was confirmed and the Estate distributed even before the debts due from the Estate have been settled. The applicants urged this court to revoke the grant and proceed to issue fresh grants to Julius Macharia Munene and Veronicah Mukami Ndiangui.
The 2nd Respondent, opposed the application claiming that some of the beneficiaries are purchasers hence they are strangers to the Estate. The Respondent further alluded that the Applicants were aware of these proceedings all along hence they should have filed their objections before the grant was confirmed. The Respondent admitted that the daughters of the deceased were not included because some land was to be purchased for them somewhere in Narumoru.
Having considered the rival submissions, it has now become clear that some of the beneficiaries of the Estate i.e. the deceased’s daughters were excluded from the sharing of the Assets. They have not directly or by conduct waived their right to inherit. It is also obvious that the debts due from the Estate have not been settled. It is trite law that it is only the net Estate that is available for distribution. In this case, if the Estate liabilities have not been settled, then it cannot be said that the assets are net assets of the Estate. I am convinced that the confirmed grant should be revoked which I hereby order. I direct that a fresh grant be issued in the joint names of Julius Macharia Munene and Veronicah Mukami Ndiangui. They may apply jointly or separately for the confirmation of grant notwithstanding that six months have not lapsed from this date. Each party to bear his or her own costs.
Dated and delivered at Nyeri this 29th day of July 2011.
J. K. SERGON
JUDGE
In open court in the presence of Karweru for Applicant and Miss Keli for 1st Respondent and the 2nd Respondent in person.
J. K. SERGON
JUDGE