[2012] KEHC 3163 (KLR)
The court found that the only reason the applicant's share was withheld was due to the use of a different variation of her name. The applicant produced her national identity card confirming her identity as Rachel Njeri Gitau. The court held that it is not for the respondent to dictate the name the applicant should...
Source-derived case information.
- Citation
- [2012] KEHC 3163 (KLR)
- Parties
- Applicant: Rachel Eunice Njeri Gitau; Respondent: Edwin Muchene Gitau
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Judgment Date
- 20 January 2012
- Case Number
- Succession Cause 444 of 2011
- Procedural Posture
- Succession Cause / Ruling on Summons Dated 20.9.2011
- Outcome
- application allowed
- Legal Topics
- Succession, Distribution of Estate, Identity of Beneficiaries
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rachel Eunice Njeri Gitau
Applicant
Edwin Muchene Gitau
Respondent
Procedural Posture
Succession Cause / Ruling on Summons Dated 20.9.2011
Legal Issues
- 1 Whether the applicant is entitled to her share of the estate despite using a different variation of her name.
- 2 Whether the respondent can withhold the applicant's entitlement based on the name used by the applicant.
Ratio Decidendi
The court found that the only reason the applicant's share was withheld was due to the use of a different variation of her name. The applicant produced her national identity card confirming her identity as Rachel Njeri Gitau. The court held that it is not for the respondent to dictate the name the applicant should use, and as long as her identity is established, she is entitled to her share. The application was allowed, and the applicant was permitted to receive her entitlement in the name appearing on her national identity card.
Court Disposition
application allowed
Orders
- The application dated 20.9.2011 is allowed.
- The applicant is entitled to use and sign as Rachel Njeri Gitau.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
MILIMANI LAW COURTS
Succession Cause 444 of 2011
IN THE MATTER OF THE ESTATE OF DAMARIS NDUTA GITAU DECEASED
RACHEL EUNICE NJERI GITAU..................................................................................................APPLICANT
-AND-
EDWIN MUCHENE GITAU................................................................................PETITIONER/RESPONDENT
RULING
I have perused the Applicant’s summons dated 20. 9.2011 and the Replying Affidavit sworn by the Respondent, Edwin Muchene Gitau. I have also duly considered the submissions made by Mrs. A. W. Kinuthia, the learned counsel for the Applicant and by Mr. A. M. Khan, the learned counsel for the Respondent.
It is clear from the application and from the submissions made by advocate A. M. Khan and advocate A. W. Kinuthia that the sum of Shs.216,600/= demanded by the Applicant as her share is being withheld because she is using the name of Rachel Eunice Njeri Gitau and not Rachael Eunice Njeri Gatabazi. This is the only reason why the share of her entitlement has not been released to her. It is not for the Respondent to dictate what name the Applicant should use. The Applicant has exhibited a copy of her national identity card which shows that her name is Rachel Njeri Gitau.
In these circumstances, the Applicant is entitled to use and sign as her name Rachel Njeri Gitau and to receive money in that name.
In the result, I allow the application dated 20. 9.2011 and grant orders in terms of prayers 1, 2 and 3.
Dated at Milimani Law Courts, Nairobi, on this 20th day of January 2012.
G.B.M. KARIUKI, SC
JUDGE
COUNSEL APPEARING
Mrs. A. W. Kinuthia of A. W Kinuthia & Co. Advocates, for the Applicant
Mr. A. M. Khan Advocate for the Respondent
Mr. David Mutisya – Court Clerk