In Re Estate of Amasha Ndwiga Kirao (Deceased) [2004] KEHC 21 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU

Succession 563 of 2006

IN THE MATTER OF THE ESTATE OF AMASHA NDWIGA KIRAO…DSD

AND

GRACE WANGAI AMASHA………...……………………..APPLICANT

VERSUS

GLADYS WANDIRI NDWIGA………………………….RESPONDENT

RULING

Application dated 5/6/2007 seeks orders in respect of a piece of land Mbeti/Gachururi/933.  This land is registered in the names of the two parties as proprietors.  The two parties are widows of deceased husband and they acquired land by succeeding him in succession case No. 123 of 1989.  They are no longer agreeable and dispute has arisen as to access to the river and other issues.

Section 40 of Succession Act Cap 160 directs that where a deceased is polygamous and has left more than one wife, the estate shall be divided and each wife shall take a portion for herself and her house.  The property into her house shall be distributed in accordance to section 35 thereof.  The Registered land Act makes provisions provision for the partition of interests in registered land.

It is my finding that for the peace of these widows the land ought to be partitioned and each to hold own title.

I order that Land Registrar to subdivide the land equally and to issue separate title to each party.  The registrar shall take into consideration the demands of access to water by both pieces of land.

It is so ordered.  No order as to costs.

Dated this 24th April, 2004.

J. N. KHAMINWA

JUDGE

24/4/2008

Khaminwa – Judge

Mr. Mogusu HB

Mr. Nthiga HB

Read in open court.

J. N. KHAMINWA

JUDGE