[2015] KEHC 1025 (KLR)
The court found that the Objectors, as daughters of the deceased Gladys Wairimu Thuku, stood on an equal footing with their brother (the deceased herein) regarding entitlement to their mother’s estate, as provided by Section 38 of the Law of Succession Act. The argument that married daughters have no standing as...
Source-derived case information.
- Citation
- [2015] KEHC 1025 (KLR)
- Parties
- Applicant: Mary Wangari Karitu; Applicant: Samuel Thuku Mbugua; Respondent: Mary Wangui King’ora; Respondent: Margaret Wambui Githaiga
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 75 of 2014
- Procedural Posture
- Succession Cause / Ruling on Objection to Petition for Grant of Letters of Administration
- Outcome
- Grant to issue in the joint names of the Petitioners and Objectors; parties to file proposals for distribution; mention set for further directions if no agreement within six months.
- Judges
- CW Meoli
- Legal Topics
- Succession of Estates, Grant of Letters of Administration, Beneficiary Rights, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Wangari Karitu
Applicant
Samuel Thuku Mbugua
Applicant
Mary Wangui King’ora
Respondent
Margaret Wambui Githaiga
Respondent
Procedural Posture
Succession Cause / Ruling on Objection to Petition for Grant of Letters of Administration
Legal Issues
- 1 Whether the Objectors, as married daughters, are entitled to a share of their late mother’s estate.
- 2 Whether the grant issued to the deceased was obtained by suppression of material facts regarding other beneficiaries.
- 3 Whether the current petition should result in a joint grant to both Petitioners and Objectors.
Ratio Decidendi
The court found that the Objectors, as daughters of the deceased Gladys Wairimu Thuku, stood on an equal footing with their brother (the deceased herein) regarding entitlement to their mother’s estate, as provided by Section 38 of the Law of Succession Act. The argument that married daughters have no standing as beneficiaries was rejected as fallacious. The grant previously issued to the deceased was obtained without disclosure of the existence of other beneficiaries and without their consent. Given the missing lower court file but the existence of a copy of the impugned grant, the court determined that the appropriate remedy was to issue a fresh grant in the joint names of the...
Court Disposition
Grant to issue in the joint names of the Petitioners and Objectors; parties to file proposals for distribution; mention set for further directions if no agreement within six months.
Orders
- A grant of letters of administration intestate shall issue in the joint names of Mary Wangari Karitu, Samuel Thuku Mbugua, Mary Wangui King’ora, and Margaret Wambui Githaiga.
- Parties to file summons to confirm the grant and proposals for distribution within six months.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIVASHA
SUCCESSION CAUSE NO. 75 OF 2014
IN THE MATTER OF THE ESTATE OF JOSEPH MBUGUA THUKU (DECEASED)
MARY WANGARI KARITU………….……………………………………........……1ST PETITIONER
SAMUEL THUKU MBUGUA………….………………………………….........……2ND PETITIONER
-VERSUS-
MARY WANGUI KING’ORA……………………………………………….......…….1ST OBJECTOR
MARGARET WAMBUI GITHAIGA………………………………………...........…..2ND OBJECTOR
R U L I N G
The Objectors herein filed their objection to the Petition in respect of the estate of Joseph Mbugua Thuku.
From the various affidavits filed, it is evident that the Objectors are sisters to the deceased herein while the Petitioners are the wife and son respectively of the deceased herein. The properties listed in the petition as part of the estate of the deceased are NAIVASHA/MWICHIRINGIRI BLOCK 1/149andNAIVASHA/MWICHIRINGIRI BLOCK 1/437 registered in the name of the deceased in 2006, pursuant to the confirmed grant issued by the lower court in Succession Cause Number 77 of 2005. The deceased therein was Gladys Wairimu Thuku mother to the Objectors and deceased herein. The lower court file cannot be traced.
However, according to the Objectors annextures ‘MWA 1’ attached to the affidavit to support the Objection, the purported assets listed in the present petition were the same assets owned by their mother Gladys Wairimu Thuku since 1991. The Objectors contend that their deceased brother herein surreptitiously filed a Succession Cause in which he presented himself as the sole beneficiary of the estate of Gladys Wairimu Thuku. The Confirmed Grants exhibited in the affidavit of the Petitioners filed on 7th July, 2015 are evidence of the said Succession Cause.
The Petitioners assert that the Objectors were always aware of the proceedings in Naivasha Succession Cause No. 77 of 2005 but did not object, and waited until the deceased herein passed on. The initial Succession file, as I indicated, cannot be found. There is no evidence that the Objectors’ consent was sought to the Succession Cause in question or that they were aware of the same. What I hear more emphatically asserted by the Petitioners is that, the Objectors being married women had no standing as beneficiaries of the estate of their deceased mother, through whom Joseph Mbugua Thukuinherited the assets listed herein.
The above argument is clearly fallacious in light of the provisions of Section 38 of the Law of Succession Act. Only son or not, the deceased stood on an equal footing with the Objectors as far as the estate of their deceased mother was concerned. The impugned grant issued to him was seemingly obtained through suppression of material facts as regards the existence other beneficiaries (the Objectors), and without their knowledge and consent.
Despite the missing lower court file, a copy of the impugned grant issued has been tendered herein by the Petitioners to bolster their claim to the estate of the deceased herein. Rather than revoke that grant, I think that the neater way to resolve this matter is to order that on the basis of the petition and cross-petition on record, a grant in the joint names of the two Petitioners and the two Objectors does issue.
At the appropriate time, the parties will file summons to confirm the grant along with proposals by way of affidavits concerning the distribution of the estate to enable the court determine what each beneficiary is entitled to.
If the parties are unable to apply jointly for the Confirmation of the Grant after six months, the matter will be placed before the Judge for further orders and directions. For this purpose a mention is hereby set for 22nd June, 2016.
Delivered and signed at Naivasha this 2nd day of November, 2015
In the presence of:-
The Petitioners : Mr. Mayaka for them
The Objectors : In person
Court Clerk : Stephen
C. W. MEOLI
JUDGE