In re Estate of the Late Suleiman Murage Matu (Deceased) [2017] KEHC 365 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NYERI

HIGH COURT SUCCESSION CAUSE NO.683 OF 2013

IN THE ESTATE OF THE LATE SULEIMAN MURAGE MATU(DECEASED)

LIVING STONE KARAYA MURAGE.

KANYOTU STANLEY MURAGE………………………PETITIONERS/APPLICANTS

RULING

Before me is the Summons dated 2nd May 2015, for Confirmation of the Grant of letters of administration intestate issued on the 6th December 2013. The Summons was filed on 2nd May 2015 and is supported by the joint affidavit of the petitioners/applicants.

In the initial affidavit the in support of the summons, the applicants had not provided properly for the daughters of the deceased. Their share of the estate was to be share equally between the two petitioners to hold on their behalf.

When the summons came for hearing on the 7th November 2017, and in the presence of all the beneficiaries, the court, in compliance with s. 70 and 71 of the Law of Succession Act, asked the question why this was so, yet all the beneficiaries were adults.

It turned out that that was not what was intended. It was then agreed that the petitioners/applicants would swear a further affidavit correcting the anomaly.

This one was filed on the 7th November 2017.

I have perused the same and it reflects the agreed amendment to the Summons dated 2nd March 2015. It is also accompanied by a consent form signed by all the beneficiaries.

The grant of letters of administration issued on the 6th December 2013 in the Estate of SULEIMAN MURAGE MATU to LIVING STONE KARAYA MURAGE and KANYOTU STANLEY MURAGE is and is hereby confirmed in the following terms;

1. LR NO. GAKAWA/KAHURURA BLK1/ICHUGA/117 to be shared among the following beneficiaries in the following shares;

a. DUNCAN KIMONDO MURAGE---------------------------------0. 608Ha

b. KINGSTONE KARIGITHO MURAGE--------------------------0. 608Ha

c. STANLEY KANYOTU MURAGE---------------------------------0. 608Ha

d. LIVINGSTONE KARAYA MURAGE-----------------------------0. 456Ha

e. DUNCAN GITHINJI MURAGE----------------------------------0. 456Ha

f. ELIJAH MATU MURAGE-------------------------------------------1. 491Ha

g. DANIEL KARIGITHO MURAGE. --------------------------------0. 456Ha

2. LR MUTARA/THOME/BLOCK1/3452(MATHIRA), Mary Wanja Wotuko having ceded her share to Roselyn Kagure Murage, to be shared equally between the two houses and among the following beneficiaries in the following shares;

a. ½ share absolutely-------------------- ROSELYN KAGURE MURAGE

b. ½ share absolutely to be registered in their names in equal shares

i. MILIAM KARUGI MURAGE

ii. MARGARET NYAGUTHII MURAGE

iii. SUSAN WANGU MURAGE

iv. GLADYS MUMBI MURAGE

3. Costs of the summons to be in the cause

Teresia Matheka

Judge

Delivered at Nyeri this 7th Day of December 2017

Hon. Jairus Ngaah

Judge

In the presence of;