Jacob Mururu M’kiambati v Isaiah Kinyua Luulu & Jediel Luulu [2018] KEHC 5450 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 510 OF 2004
IN THE MATTER OF ESTATE OF KIAMBATI MATAGU - (DECEASED)
JACOB MURURU M’KIAMBATI..........................................PETITIONER
VS
ISAIAH KINYUA LUULU.............................................1ST RESPONDENT
JEDIEL LUULU.............................................................2ND RESPONDENT
RULING
The deceased Kiambati Matagu died on 28th October 1969 and was survived by:-
1. Zipporah Ciomarimba – wife
2. Francis Gichunge – Son
3. Lesany Mioki – Son
4. Julius Mbaabu – Son
5. Joseph Muruingi – Son
6. Stephen Meeme – Son
7. Japhet Luulu – son – deceased.
8. Jacob Mururu – son
9. Geoffrey Kanyana
His intestate net estate is made up of L.R. Njia/Luburio/101. Grant of Letters of Administration was made on 19th April 2005 to Jacob Mururu M’Kiambati.
Distribution of the estate was done on 13. 11. 2006 as follows:-
Julius Mbaabu – 1 acre
Stephen Meeme – ½ acre
Joseph Murungi – 1 acre
Jacob Mururu – 2 ½ acres
Geoffrey Kanyano – 1 ½ acres
Isaiah Muriungi/Maria – 0. 10 acre
Jacob Mururu M’Kiambati – Balance
Certificate was issued on 14th February 2007.
On 18. 5.2007 the grant was revoked as distribution left out Japhet Luulu who was shown in the chief’s letter dated 27th April 2004 as son to the deceased. That the estate of the said Japhet Luulu was not provided for.
In consideration of the order made on 18th May 2007 and in consideration of the protest to confirmation and distribution herein by Isaiah Kinyua Luulu and in consideration of the submissions for and against protest, I have seen that the mode of distribution in affidavit of Jacob Mururu M’Kiambati which now the share included for the interested parties fathers share from L.R. No. Njia/Luburu/101 is fair and equitable because the other averments in the affidavit have not been challenged.
This mode of distribution was signed by the majority of beneficiaries and clan elders after the initial grant was revoked. If L.R. 101 was to be distributed equal to the beneficiaries listed in the chief’s letter the share for the late Japhet Luulu would reduce significantly and may not be of any economic benefit to his children and wife. This court therefore orders that the one acre share belonging to the late Japhet Luulu son to the deceased herein shall be held by Isaiah Kinyua Luulu in trust for his siblings in equal shares upon the beneficiaries petitioning for Letters of Administration.
No orders as to costs.
HON. A.ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 13TH DAY OF JULY 2018
IN THE PRESENCE OF:
C/A:- Penina
Petitioner: - Mr Ojiambo Advocate holding brief for Rimita Advocate for Petitioner.
Respondent :- Ms Okello holding brief for Mutegi for Interested Party.
HON. A.ONG’INJO
JUDGE
Ms Okello
We pray for a copy of the said judgement.
Order
Interested Party/Protesters counsel to be supplied with copy of judgement of copying charges.
HON. A.ONG’INJO
JUDGE