Nkirote & 2 others v M'Arimba (Civil Appeal 165 of 2019) [2024] KECA 1062 (KLR) (26 April 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 1062
- Citation
- [2024] KECA 1062 (KLR)
- Decided
- 26 April 2024
The appeal is dismissed. The trial court's decision on distribution was upheld. The beneficiaries were not left out and the distribution was not unequal.
Facts
The deceased, Nahashon Arimba Ndiira, died on 16th March 1994. His son, Jotham Muthuri M'Arimba, petitioned for letters of administration intestate. The estate consisted of 4.02 hectares of land. The respondent, M'Arimba, filed an application to confirm the grant of letters of administration. The estate was to be distributed among the deceased's children and widow.
Issues
- whether the trial court erred in not taking into account the deceased's prior sub-division of the estate and gifting to the beneficiaries
- whether the distribution between the beneficiaries was fair
- whether the trial court erred in not applying Section 35(5) of the Law of Succession Act
Reasoning
The trial court's decision was based on the deceased's prior gifting of land to the beneficiaries and the principle of equity. The court adopted the mode of distribution that was already in place and accepted by the beneficiaries.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Law of Succession Act
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