[2014] KEHC 5668 (KLR)

[2014] KEHC 5668 (KLR)

The court determined that the properties comprising the estate of John Gitiche Mbau should be distributed among the beneficiaries as agreed and set out in the ruling, in accordance with the Law of Succession Act. The certificate of confirmation of grant previously issued was ordered to be rectified to reflect the...

Source-derived case information.

Citation
[2014] KEHC 5668 (KLR)
Parties
Applicant: Silvia Wangari Mbau; Respondent: Susan Wanjiku Mbau; Respondent: Anthony Gitiche Mbau; Respondent: Sophia Wairimu Gathuki
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Succession Cause 73 of 2005
Procedural Posture
Succession Cause / Distribution of Estate and Rectification of Certificate of Confirmation of Grant
Outcome
Estate distributed among beneficiaries as per court order; certificate of confirmation of grant to be rectified; reimbursement to applicant upon proof; specific conditions imposed on possession and sale of properties.
Judges
LK Kimaru
Legal Topics
Succession of Estates, Distribution of Property, Confirmation of Grant, Matrimonial Property, Beneficiary Rights
Source Language
en
Family and Children Land and Property Succession of Estates Distribution of Property Confirmation of Grant Matrimonial Property Beneficiary Rights

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Summary, issues, holding and outcome

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Parties

Silvia Wangari Mbau

Applicant

Susan Wanjiku Mbau

Respondent

Anthony Gitiche Mbau

Respondent

Sophia Wairimu Gathuki

Respondent

Procedural Posture

Succession Cause / Distribution of Estate and Rectification of Certificate of Confirmation of Grant

Legal Issues

  1. 1 How should the properties comprising the estate of John Gitiche Mbau be distributed among the beneficiaries in accordance with the Law of Succession Act?
  2. 2 Should the certificate of confirmation of grant be rectified to reflect the agreed redistribution of the estate?
  3. 3 Is Sylvia Wangari Mbau entitled to reimbursement for the sum used to offset the Barclays Bank loan before distribution of proceeds from the sale of LR. No.11646/14 Ridgeways?

Ratio Decidendi

The court determined that the properties comprising the estate of John Gitiche Mbau should be distributed among the beneficiaries as agreed and set out in the ruling, in accordance with the Law of Succession Act. The certificate of confirmation of grant previously issued was ordered to be rectified to reflect the new distribution. The court further held that Sylvia Wangari Mbau is entitled to reimbursement for the sum used to offset the Barclays Bank loan, subject to proof of payment, before the proceeds from the sale of LR. No.11646/14 Ridgeways are distributed. The court also imposed conditions on Susan Wanjiku Mbau regarding vacant possession and restrictions on the sale of rural...

Court Disposition

Estate distributed among beneficiaries as per court order; certificate of confirmation of grant to be rectified; reimbursement to applicant upon proof; specific conditions imposed on possession and sale of properties.

Orders

  • The properties comprising the estate are distributed among the beneficiaries as specified in the ruling.
  • The certificate of confirmation of grant issued on 21st February, 2013 is to be rectified to reflect the new distribution.