[2017] KEHC 1810 (KLR)
The court held that, in line with the Law of Succession, distribution of the intestate estate should be done per units rather than per households. However, to avoid disrupting the beneficiaries who are already settled on the land, the court ordered that the Land Registrar and Surveyor, with the assistance of the...
Source-derived case information.
- Citation
- [2017] KEHC 1810 (KLR)
- Parties
- Applicant: Janet Ncororo; Applicant: Jacob M’Ntongai; Respondent: Josphat Mutuma M’Ikiao; Petitioner: Peter Miriti M’Ikiao
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 288 of 1999
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- Application for confirmation of grant deferred pending report by Land Registrar and Surveyor.
- Legal Topics
- Succession, Intestate Estate Distribution, Confirmation of Grant, Mode of Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janet Ncororo
Applicant
Jacob M’Ntongai
Applicant
Josphat Mutuma M’Ikiao
Respondent
Peter Miriti M’Ikiao
Petitioner
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the estate of the deceased should be distributed per units or per households.
- 2 How to distribute the estate without disturbing the beneficiaries' current occupation of the land.
Ratio Decidendi
The court held that, in line with the Law of Succession, distribution of the intestate estate should be done per units rather than per households. However, to avoid disrupting the beneficiaries who are already settled on the land, the court ordered that the Land Registrar and Surveyor, with the assistance of the Assistant Chief and a village elder, visit the land and prepare a report on the current occupation and settlement of the beneficiaries. This approach seeks to balance the legal requirement for unit-based distribution with the practical need to maintain the beneficiaries' established residences.
Court Disposition
Application for confirmation of grant deferred pending report by Land Registrar and Surveyor.
Orders
- The Land Registrar and Surveyor to visit the ground and prepare a report, with the help of the Assistant Chief and a village elder, on how the beneficiaries are settled on the parcels of land forming part of the intestate estate.
- Mention scheduled for 1st December 2017.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
SUCCESSION CAUSE NO. 288 OF 1999
IN THE MATTER OF THE ESTATE OF NATHAN M’IKIAO M’MIRITHU- DECEASED
PETER MIRITI M’IKIAO.......................................PETITIONER
VS
JOSPHAT MUTUMA M’IKIAO............................OBJECTOR
RULING
Summons for confirmation dated 19th July 2017 was filed by Janet Ncororo and Jacob M’Ntongai. The application is supported by an affidavit sworn on 19th July 2017 proposing mode of distribution of the intestate estate of the Nathan M’Ikiao M’Mirithu.
The applicants herein proposed distribution as per units whereas Josphat Mutuma M’Ikiao proposed distribution as per houses and he said the shares are dictated by where the respective homes are situated and the 1st house was to get a total of 5. 17 acres. Second house 4. 75 acres and 3rd house 4 acres respectively.
Whereas the law of succession requires that distribution be done as per units and not households it will be important to determine distribution without disturbing the status quo i.e removing beneficiaries from where they have all along settled. In the circumstances, the Land Registrar and Surveyor to go to the ground and write a report with help of Assistant Chief and village elder or how the beneficiaries herein are settled on the different parcels of land forming part of the intestate estate herein.
Orders accordingly.
HON. A.ONG’INJO
JUDGE
2. 11. 2017
Before Adwera-Ong’injo
Penina – C/A
MS Wangwe Advocate for 2nd & 3rd Applicants .
1st Applicant – P/P
M/S B.G.Kariuki Advocate for Objector.
Petitioner – Deceased Represented by 2nd Applicant
Court
Ruling, Delivered, Dated and Signed in Court in 2nd November 2017.
Mention. 1. 12. 2017
HON. A.ONG’INJO
JUDGE