Loyford Muturi Kariba & Godfrey Muchiri Kabira v Charles Renji Muchira & Albano Muchira Kariba [2017] KEHC 2096 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MERU

SUCCESSION CAUSE NO. 280 OF 2012

In the Matter of the Estate of Gachoki Muchairu (Deceased)

LOYFORD MUTURI KARIBA……………………1ST ADMINISTRATOR

GODFREY MUCHIRI KABIRA ………………….2ND ADMINISTRATOR

-VS-

CHARLES RENJI MUCHIRA…………………… 1ST OBJECTOR

ALBANO MUCHIRA KARIBA…………………..… 2ND OBJECTOR

JUDGMENT

Confirmation of grant

[1] Before me are Summons for Confirmation of Grant of Letters of Administration intestate dated 27th August 2015, in which the Administrators seeks the following orders:

(a) THAT the honourable court be pleased to confirm the Grant before the expiry of the mandatory six months as required by law.

(b) THAT a Grant of Letters of Administration made to Loyford Muturi Kariba and Charles Renji Muchira on 2nd June 2015, be now confirmed.

(d) THAT the costs of this application be provided for.

[2] The Applicant had stated that no objection has been filed and that there are no other dependants of the deceased surviving to claim the assets of the estate. In addition, liabilities of the deceased have been mentioned in paragraph 7 of the supporting affidavit. However, the Objectors filed a Protest contending inter alia:

(1) That they were not consulted;

(2) That they were not party to the proposed subdivision of the estate;

(3) That one of the sons of the deceased Sebastian Mutugi Gachoki had not been given any land at all; and

(4) That further L.R Abogeta/U-Kithangari /672 did not exist as it was subdivided a long time ago.

[3] I find averments which are Contrary to the Objectors assertions. Sebastian Mutugi in a Replying Affidavit filed in court on 18th July 2017 in support of Summons for Confirmation of Grant deposed that he is a son of the deceased and therefore a beneficiary of the estate. He averred further that he had already benefited from the estate of the deceased as he had inherited 1½ acres entitled to him from his grandfather’s estate in succession cause No. 378 of 1994. Therefore, he had no claim in the suit property as he had already benefited from his father. He further stated that the Objectors who were his brothers had been equally provided for.

[5] Sebastian Mutugi appeared in court on 18th July 2017, and confirmed to court that he had no interest in the suit property. Therefore, allegations by the Objectors that he had not been given any land fall by the wayside. Again, their allegations that the suit property did not exist was also settled on27th September 2016 when the advocates for the parties agreed that the suit property is Abogeta/U Kithangari/672. The court will proceed on that basis.

[6] Now I have heard Sabastian; he says he has no interest in the estate as he had already been provided for. He also stated that the Objectors, who are hos brothers were equally provided for. I have no reason to doubt him. I have also carefully considered the protest and the evidence before the court and I come to the conclusion that the protest has no merit and is hereby dismissed. There is nothing to prevent confirmation of the grant herein. Accordingly, I allow the Summons for Confirmation of Grant. The Grant of Letters of Administration made to Loyford Muturi Kariba and Charles Renji Muchira on 2nd June 2015, is hereby confirmed. The estate shall be distributed in accordance with paragraph 6 the affidavit in support and more specifically, as follows:-

LAND PARCEL NO. ABOGETA/U-KITHANGARI/672

a) Muthoni Gachoki ½ Acre

b) Thomas Mwaniki Gikunda ¼ Acre

c) Fredrick Kithinji Albano ¼ Acre

Balance thereof to be shared equally among:-

d) Charles Renji Muchira

e) Albano Muchira Kariba

f) Godfrey Muchiri Kariba

g) Patrick Nkunja Kariba

h) Loyford Muturi

This being a succession matter, there will be no order as to costs.

Dated, signed and delivered in open court at Meru this 13th day of November 2017

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F. GIKONYO

JUDGE

In the presence of:

Muthomi advocate for B.G. Kariuki for Objector

Mutuma advocate for Arithi advocate for Petitioner

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F. GIKONYO

JUDGE