PATRICK MWANGI GACHIE v BETHICIBA NYAMBURA [2008] KEHC 1771 (KLR)
- Court
- High Court of Kenya
- Case number
- 1771
- Citation
- [2008] KEHC 1771 (KLR)
- Decided
- 14 April 2008
The court dismissed the mode of distribution proposed by the Appellant and ordered the land parcel to be distributed as follows: Patrick Mwangi Gachie - 0.8 acres, David Mwangi Kamau - 0.8 acres, and Bethiciba Nyambura - 0.3 acres.
Facts
The deceased, Mercy Wangari Gachie, passed away in 2006. She left behind land parcel number Loc. 10/Kahuti/177, which was the only asset left. The Respondent, Bethiciba Nyambura, petitioned for letters of administration intestate and was granted the same. She then applied for the confirmation of the grant, proposing a distribution of the land among the beneficiaries. The Appellant, Patrick Mwangi Gachie, filed an affidavit of protest, proposing a different distribution.
Issues
- Jurisdiction of the Resident Magistrate's Court
- Distribution of the deceased's estate
Reasoning
The court found that the trial court had no jurisdiction to entertain the succession cause since the value of the estate was in excess of Kshs.100,000/=. The court held that the proceedings were a nullity due to lack of jurisdiction.
Outcome
The appeal is allowed with no order as to costs. The parties are directed to petition afresh for the grant of letters of administration intestate in a court with competent jurisdiction.
Orders
- The land parcel to be distributed as follows: Patrick Mwangi Gachie - 0.8 acres, David Mwangi Kamau - 0.8 acres, and Bethiciba Nyambura - 0.3 acres.
Remedies
- Allowance of the appeal with no order as to costs
- Petition for letters of administration intestate in a court with competent jurisdiction
Authorities cited
Legislation (1)
- Law of Succession Act
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