In Re Matter of the Estate of M'Kiunga M'Rinyiru Alias M'Kiunga M'Waringiri (Deceased) (Succession Cause 5 of 2020) [2024] KEHC 12604 (KLR) (17 October 2024) (Ruling)

Citation: In Re Matter of the Estate of M'Kiunga M'Rinyiru Alias M'Kiunga M'Waringiri (Deceased) [2024] KEHC 12604 (KLR)
Media Neutral Citation: [2024] KEHC 12604 (KLR)
Court: High Court
Court station: High Court at Meru
Outcome: Allowed in part
Case number: Succession Cause 5 of 2020
Attorneys: Mr. Kaumbi,
Judges: EM Muriithi
Judgment date: 17 October 2024
Language: English
Type: Judgment
Original source file: Download DOCX (34.2 KB)

Order: i. The application dated November 20, 2023 was allowed to the extent only that on the basis of the discovery of the new material fact of the registration of the land in equal shares, it declared that the land is not subject to the doctrine of survivorship because the respective shares of the owners was ascertained, determinable, severable, and registered on the Green Card as equal shares, meaning that each of the two brothers was entitled to half share of the parcel of land. ii. The prayer for the distribution of the suit property as set out in Prayer No. 2 of the Summons that “half share of L.R No. Nyaki/Mulathankari/82 which measures approx. 1.04 Ha be included as an asset of the estate of M’Kiunga Rinyiru (deceased) and distributed as proposed under paragraph 8 of the affidavit in support of the summons” was declined because of the finding that the deceased had given the land to the second family represented by the 1st Respondent herein. iii. There should be a consequential order that the half share of L.R No. Nyaki/Mulathankari/82 which measures approx. 1.04 Ha should be included as an asset of the estate of M’Kiunga Rinyiru (deceased) and distributed to the 1st Respondent on behalf of her family. iv. No order as to costs.

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