[2020] KEHC 1562 (KLR)
The court found that the application for distribution of the net decretal sum was unopposed and in accordance with the law. The proposed distribution among the widow, adult children, and the minor was reasonable and reflected the interests of justice. The court further held that the minor's share should be protected...
Source-derived case information.
- Citation
- [2020] KEHC 1562 (KLR)
- Parties
- Appellant: Samuel Kabuthia Ndawa; Respondent: Jennifer Wawera Njeru; Respondent: Cecilia Muthoni Njeru
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 34 of 2016
- Procedural Posture
- Civil Appeal / Ruling on Post Judgment Application for Distribution of Decretal Sum
- Outcome
- Application allowed in terms of prayers 1 and 2.
- Judges
- FN Muchemi
- Legal Topics
- Distribution of Decretal Sum, Beneficiaries of Estate, Minor Beneficiaries, Court Orders on Funds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Kabuthia Ndawa
Appellant
Jennifer Wawera Njeru
Respondent
Cecilia Muthoni Njeru
Respondent
Procedural Posture
Civil Appeal / Ruling on Post Judgment Application for Distribution of Decretal Sum
Legal Issues
- 1 Whether the court should distribute the net decretal sum among the beneficiaries as proposed in the application.
- 2 Whether the funds allocated to the minor beneficiary should be invested in a fixed deposit account until majority.
Ratio Decidendi
The court found that the application for distribution of the net decretal sum was unopposed and in accordance with the law. The proposed distribution among the widow, adult children, and the minor was reasonable and reflected the interests of justice. The court further held that the minor's share should be protected by investing it in a fixed deposit account in the joint names of the applicants until the minor attains majority, as required by procedural safeguards for minors. There being no objection from the respondent, the court allowed the application in its entirety, granting the orders as prayed.
Court Disposition
Application allowed in terms of prayers 1 and 2.
Orders
- The net decretal sum of Kshs.942,827 is to be distributed among the beneficiaries as specified in the application.
- The share of Kshs.300,000 payable to the minor AM shall be invested in an interest-bearing fixed deposit account at Co-operative Bank of Kenya Ltd., Embu Branch in the joint names of both applicants until the minor attains majority.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT EMBU
CIVIL APPEAL NO. 34 OF 2016
SAMUEL KABUTHIA NDAWA...................................................PPELLANT
VERSUS
JENNIFER WAWERA NJERU
CECILIA MUTHONI NJERU...............................................RESPONDENTS
RULING
This is a ruling on application dated 30th September 2019 brought under Order 27 Rule 10, Order 32 Rule 61 and Order 51 Rule 1 of the Civil Procedure Act as well as other provisions of the law.
The application seeks for distribution of the net decretal amount in this appeal of Shs.942,827/= pursuant to the court’s judgement delivered on 10th July, 2019 as under:-
1. THAT this Honourable court be pleased to distribute the net decretal sum of Kshs.942,827 between the beneficiaries of the estate of the late Edward Chege Mwangi as follows:-
a) Jennifer Wawira Njeru(Widow) 37 years old Kshs.300,000
b) John Mwangi(son) 22 years old Kshs.150,000
c) Florence Wanjiku (daughter) 18 years old Kshs.150,000
d) AM (son) 11 years old Kshs.300,000
Total Kshs.942,827
2. THAT the monies payable to the minor AM be invested in an interest bearing fixed deposit account at Co-operative Bank of Kenya Ltd., Embu Branch in the joint names of both applicants herein until he attains the age of majority
This application being ex-parte in nature was not opposed by the respondent. Upon being served, G.N. Mugo & Company for the respondent sent an email to the effect that they were not opposed to the application.
I have looked at the relevant provisions of the law and noted the contents of this court’s judgement in this appeal.
There being no objection, I hereby allow the application dated 30th September, 2020 in terms of prayers 1 and 2.
Costs in the cause.
DELIVERED, DATED and SIGNED at EMBU this 17TH day ofNOVEMBER, 2020.
F. MUCHEMI
JUDGE