In re Estate of M’Mucheke Mbogita (Deceased) [2018] KEHC 936 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

SUCCESSION CAUSE 615 OF 2013

IN THE MATTER OF ESTATE OF M’MUCHEKE MBOGITA

MOFFAT KIMATHI SAMWEL....................................................PETITIONER

VERSUS

JAMES MURUNGI MAINGI...............…………….......………RESPONDENT

RULING

Application dated 29. 8.2018 was brought under certificate of urgency seeking revocation of confirmed grant made on 7th August 2018 devolving the estate to James Murungi maingi wholly.

From procceedings made on 25th July 2017 it was submitted by Mr. Mwirigi advocate that the petitioner and his surviving brother are grandchildren of the deceased from a daughter who is deceased and that  the applicant james Muruingi Maingi was aslo a grandson of the deceased from another dauther and the deceased also had a surviving daughter.

On that account grant made to Moffat Kimathi Samwel and confirmed in a very shot span of less than one moth before statutory period expired was revoked on 21. 5.2018.

Parties were granted time to file application for confirmation and it was only James Murugni Maingi who filed.

The summons for confirmation was filed but petitioner/1st Administrator didn’t respond and on 7. 8.2018 grant was confirmd devolving estate to applicant james Murungi.

In consideration of submissions by Mr. Mwirigi Advocate for applicant on 25. 7.2017 and 21. 5.2018 this court finds that applicant James Murungi is not the only dependant and therefore the estate should be devolved to Moffat Kimathi Samwel, James Murungi Maingi, Godffrey Kithinji and the alleged daughter of the deceased if any.

In event none is identified the portion that is meant for deceased alleged daughter to be shared by the 3 grandsons eaually.

No orders as to costs.

HON. A.ONG’INJO

JUDGE

RULING SIGNED, DELIVERED AND DATED THIS 8TH DAY OF NOVEMBER 2018.

In the presence of:

C/A: Penina

Petitioner:- N/A – Mr. Ojiambo Advocate

Objector:-Present in person

Mr. Mwirigi Advocate for objector – N/A

HON. A.ONG’INJO

JUDGE