[2011] KEHC 252 (KLR)
The court found that the deceased was survived by thirteen children and no spouse, and that section 40 of the Law of Succession Act requires equal distribution of the estate among the children. The court was convinced by the protestors' proposal for equal sharing and ordered confirmation of the grant on that basis....
Source-derived case information.
- Citation
- [2011] KEHC 252 (KLR)
- Parties
- Applicant: Maina Muriuki; Respondent: Hazron Muranga Muriuki
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1141 of 2009
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant and Protest
- Outcome
- Protest allowed. Grant confirmed on the basis of equal distribution among the children.
- Legal Topics
- Succession, Intestate Estate Distribution, Confirmation of Grant, Protest to Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maina Muriuki
Applicant
Hazron Muranga Muriuki
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Protest
Legal Issues
- 1 Whether the estate of the deceased should be distributed as proposed by the applicant or in equal shares as proposed by the protestors.
- 2 Whether section 40 of the Law of Succession Act mandates equal distribution among children where the deceased is survived only by children.
Ratio Decidendi
The court found that the deceased was survived by thirteen children and no spouse, and that section 40 of the Law of Succession Act requires equal distribution of the estate among the children. The court was convinced by the protestors' proposal for equal sharing and ordered confirmation of the grant on that basis. The applicant's proposed distribution was rejected in favor of the protestors' equal distribution proposal. Each party was ordered to bear their own costs due to the familial nature of the dispute.
Court Disposition
Protest allowed. Grant confirmed on the basis of equal distribution among the children.
Orders
- The grant is confirmed on the basis of the distribution proposed in the affidavit of protest, i.e., equal sharing among the children.
- Each party to bear their own costs.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
SUCCESSION CAUSE NO. 1141 OF 2009
IN THE MATTER OF THE ESTATE OF
MURIUKI KAGO alias
MURIUKI S/O KAGO …………………………………..………DECEASED
AND
MAINA MURIUKI …………………………………………….PETITIONER
Versus
HAZRON MURANGA MURIUKI & 8 OTHERS……….. PROTESTORS
RULING
A grant of letters of administration intestate in respect of the estate of Muriuki Kago, deceased was made to Maina Muriuki hereinafter referred to as the Applicant, on 3rd March 2010.
The applicant took out the summons for confirmation of grant dated 10th February 2011. Hazron Muranga Muriuki, hereinafter referred to as the Protestor filed an affidavit of protest on behalf of himself and on behalf of 8 other protestors to oppose the summons. The applicant proposed for the only asset of the estate i.e. L.R. no. Konyu/Gachuku/205 to be shared as follows:
1. Maina Muriuki - 0. 8 acres
2. David Mwangi Muriuki - 0. 8 acres
3. Patrick Mwangi Muriuki
4. Erastus Kago Muriuki
5. Margaret Wairimu
6. Peter Karanja Muriuki
7. Rehoboam Wakaba Muriuki
8. Hazron Muranga Muriuki To get 0. 8 jointly
9. Robert Githendu Muriuki
10. Winfred Wangechi Muriuki
11. Elizabeth Wairimu
12. Charity Gathoni
13. Douglas Ichahi Muriuki
The protestors proposed the land to be shared in equal portions. I have considered the affidavit evidence and the written submissions. It is not in dispute that the deceased was married to three wives with a total of 13 children. The three wives are all dead. Under section 40 of the Law of Succession Act, where the deceased is survived by children without a spouse, his estate will be shared equally between the children. I think I am convinced the grant should be confirmed on the basis of distribution proposed in the affidavit of protest which I so order. In the end, the protest succeeds. Since the dispute involves siblings I direct that each one of them meets his or her own costs.
Dated and delivered this 14th day of October 2011
J.K. SERGON
JUDGE
In open court in the presence of the Applicant in person.
J.K. SERGON
JUDGE