[2018] KEHC 5511 (KLR)
The court found that the question of whether L.R. No. Abogeta/Nkachie/33 was held in trust for the objectors is a matter for the Environment and Land Court. Pending such determination, the parcel is to be held in trust in the joint names of the petitioner and Gerasio Kithinji Thuranira. The court also determined...
Source-derived case information.
- Citation
- [2018] KEHC 5511 (KLR)
- Parties
- Applicant: Lawrence Mwebia; Respondent: M’Thuranira Muguongo; Respondent: Rwito M’Muguongo; Respondent: Mbae Zakaria; Respondent: Silas Mwiti
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 65 of 1993
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- Objection partially upheld; joint administrators appointed; distribution of estate ordered.
- Legal Topics
- Intestate Succession, Administration of Estates, Trust Land, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lawrence Mwebia
Applicant
M’Thuranira Muguongo
Respondent
Rwito M’Muguongo
Respondent
Mbae Zakaria
Respondent
Silas Mwiti
Respondent
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Whether the petitioner failed to disclose all beneficiaries and assets of the deceased's estate.
- 2 Whether L.R. No. Abogeta/Nkachie/33 was held by the deceased in trust for the objectors.
- 3 Who should be appointed as administrators of the estate.
Ratio Decidendi
The court found that the question of whether L.R. No. Abogeta/Nkachie/33 was held in trust for the objectors is a matter for the Environment and Land Court. Pending such determination, the parcel is to be held in trust in the joint names of the petitioner and Gerasio Kithinji Thuranira. The court also determined that the petitioner did not sufficiently involve all beneficiaries and objectors in the administration process. Consequently, Lawrence Mwebia, Cherina Kanugu, and Gervasio are appointed joint administrators. The other parcel, Nkuene/Ngonyi/273, is to be distributed equally among the deceased's children unless otherwise agreed. Each party is to bear their own costs.
Court Disposition
Objection partially upheld; joint administrators appointed; distribution of estate ordered.
Orders
- Lawrence Mwebia, Cherina Kanugu, and Gervasio are appointed joint administrators of the estate.
- L.R. No. Abogeta/Nkachie/33 to be held in trust in the joint names of the petitioner and Gerasio Kithinji Thuranira pending determination of trust status.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 65 OF 1993
IN THE MATTER OF ESTATE OF M’MUNYUA M’MUGUONGO alias IKUNYUA MUGUONGO (DECEASED)
LAWRENCE MWEBIA ......................................................... PETITIONER
VS
M’THURANIRA MUGUONGO .................................... 1ST OBJECTOR
RWITO M’MUGUONGO ............................................. 2ND OBJECTOR
MBAE ZAKARIA ............................................................ 3RD OBJECTOR
SILAS MWITI ................................................................ 4TH OBJECTOR
JUDGMENT
The deceased herein died intestate on 31st August 1978 and according to the chiefs letter dated 2nd November 1999 he was survived by his widow Kajuju Munyua, daughters Cherina Kanugu , Zabera Mwaromo and Rose Gatwiri as well as sons Lawrence Mwebia & Mark Kinyuru.
Lawrence Mwebia got consent from his brother Mark to apply for letter of Administration to the estate. The net intestate estate is made up of L.R. Nkuene/Ngonyi/273 and Abogeta/Nkachie/33.
Objection to grant of Letters of Administration was filed by M’Thuranira M’Muguogo, Rwito M’Muguogo, Mbae Zakaria and Silas Mwiti to the effect the petitioner did not inform them when he filed petition and also failed to name as survivors of the deceased.
That the petitioner failed to disclose that L.R. No. Abogeta/Nkachie/33 in the petitioners affidavit was held in trust by the deceased for his benefit and for the benefit of the objections.
That if the petitioner becomes the sole administrator of the estate of the deceased he shall not distribute the said estate fairly amongst the beneficiaries and he is only out to enrich himself at the expense of the objectors.
It was a ground of objection that the 1st and 2nd objectors are brothers of the deceased and the 3rd and 4th objectors are the sons of the late Zakaria M’Muguongo who is also the brother of the deceased.
This court heard the evidence of the objectors and from the said evidence they claim that the deceased held L.R. No. Abogeta/Nkachie/33 in trust for them as the eldest son of their father who died in 1945.
Although the objectors are in agreement that the deceased held L.R. No. Abogeta/Nkachie/33 in trust for them and some of the deceased persons children also confirm that the objectors and/or their children used portions of this particular parcel of land a declaration as to whether land is held in trust or not falls under the jurisdiction of Environment and Land Court. In the circumstances Lawrence Mwebia, Cherina Kanugu and Gervasio are appointed joint administrators to estate. L.R. No. Abogeta/Nkachie/33 will be held in trust in the joint names of the petitioner/Respondent and Gerasio Kithinji Thuranira pending determination as to whether the same was trust land.
For Parcel of land No. Nkuene/Ngonyi/273 the same is to be distributed equally amongst the children of the deceased person herein unless otherwise agreed. Certificte of confirmation to issue. Costs of objection and entire cause to be borne by each party.
HON. A.ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 21st DAY OF JUNE 2018.
IN THE PRESENCE OF:
Petitioner:-N/A
Objectors :-Ms Nyagah Advocate for 1st, 2nd and 3rd Objectors.
M/s Ndorongo & Co Advocate for 5th Objector
Ms Nyagah
May we be supplied with certified copy of judgment.
Order
Certified copy of judgment to be supplied to objectors counsel upon paying copying charges.
HON. A.ONG’INJO
JUDGE