[2004] KEHC 164 (KLR)
The court found that the objection raised by the protester was baseless and unsupported by cogent reasons. The evidence of Duncan Mutwiri, the deceased's brother, confirmed that the family had agreed to divide Ngariama/Ngiriambu/125 (10 acres) equally between the two houses and that the deceased wished for...
Source-derived case information.
- Citation
- [2004] KEHC 164 (KLR)
- Parties
- Applicant: Natarina Wangerwe Munyi; Respondent: Margaret Wanjira Joseph
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 500 of 2002
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant and Objection
- Outcome
- Objection dismissed; summons for confirmation of grant allowed.
- Legal Topics
- Succession of Estates, Distribution of Land, Confirmation of Grant, Objection to Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Natarina Wangerwe Munyi
Applicant
Margaret Wanjira Joseph
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Objection
Legal Issues
- 1 Whether the estate of Munyi Maragwa should be distributed as proposed by the petitioner or as objected by the protester.
- 2 Whether each house should receive a separate parcel of land or an equal share of both parcels.
Ratio Decidendi
The court found that the objection raised by the protester was baseless and unsupported by cogent reasons. The evidence of Duncan Mutwiri, the deceased's brother, confirmed that the family had agreed to divide Ngariama/Ngiriambu/125 (10 acres) equally between the two houses and that the deceased wished for Ngariama/Mirichi/295 (13 acres) to be similarly divided. The court held that the intended distribution by the petitioner was consistent with both the family agreement and the deceased's wishes. Therefore, the objection was dismissed, and the summons for confirmation of grant was allowed, permitting the distribution of the estate as proposed by the petitioner.
Court Disposition
Objection dismissed; summons for confirmation of grant allowed.
Orders
- The objection by the protester is dismissed.
- The summons for confirmation of grant dated 16.4.2003 is allowed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU SUCCESSION CAUSE 500 OF 2002
In the matter of the estate of
MUNYI MARAGWA ………….........................................…………….( DECEASED )
BETWEEN
1. NATARINA WANGERWE MUNYI …............................................….PETITIONER
2. MARGARET WANJIRA JOSEPH…….........................................….PROTESTER
RULING
1. The Petitioner herein is Natarina Wangerwe wife of Munyi Maragwa, (deceased). She was granted letters of administration to the estate of the deceased on 14th September 2001. When she applied for the grant of letters to be confirmed, her co-wife Margaret Wanjira protested and objected to the intended manner of distribution of the estate.
2. The estate has two parcels of land viz; Ngariama/Ngiriambu/125 and Ngariama/Mirichi/295. The Petitioner intended that each of the families should have one-half of each of the two parcels. The Objector wishes that each house should have a separate parcel of land. Her children who all appeared in court took her side as did the Petitioner’s children who also sided with her. It apparently transpired that all parties live on land parcel number Ngariama/Mirichi/295. Two sons, one from each house occupy Ngariama/Ngiriambu/125. On its own motion, this court summoned Duncan Mutwiri to give evidence. The said Duncan Mutwiri is a brother of the deceased and it was his duty at a family level to bring his brother’s family to an agreement on the distribution of the deceased’s estate.
3. Duncan Mutwiri gave very clear and candid evidence. Upon his brother’s demise, he sat down with his family and they all agreed that Ngariama/Ngiriambu/125 which is 10 acres should be divided into two and each house gets 5 acres. As regards Ngariama/Mirichi/295, no agreement was reached on sub-division but there was an agreement that it be resurveyed first. He testified however that the deceased wished that the parcel of land measuring 13 acres be sub-divided (like the one at Mirichi) so that each house gets 6 ½ acres.
4. I have listened to all parties and in my view the objection is baseless and no cogent reasons were given for the proposition that each house takes a different parcel of land. The evidence of Duncan Mutwiri is consistent with the intended distribution by the petitioner.
6. Accordingly, the objection is dismissed and this court orders that the Summons for confirmation of grant dated 16. 4.2003 be and is hereby allowed and the distribution of the estate as proposed therein does proceed.
5. I shall make no order as to costs.
Orders accordingly.
Dated and delivered in open court on this 16th day of November 2004.
I.LENAOLA
AG. JUDGE
Parties present
I.LENAOLA
AG. JUDGE