Margaret Kagure Maina v Charles Kimotho Maina & another [2010] KEHC 2987 (KLR)
- Court
- High Court of Kenya
- Case number
- 2987
- Citation
- [2010] KEHC 2987 (KLR)
- Decided
- 16 April 2010
The deceased shared out his property during his lifetime save for Nyeri/Endarasha/1276 and Nyeri/Endarasha/1792-1828. Jacob Kinyua Maina was given land in Naromoru.
Facts
The deceased, Harrison Maina Kamotho, was married to two wives, Beatrice Wairimu Maina and Margaret Kagure Maina. Margaret Kagure Maina had three sons, Wilson Kamotho Maina, Geoffrey Mathenge Maina, and Samuel Gichaga Maina. Beatrice Wairimu Maina had two sons, Charles Kamotho Maina and Jacob Kinyua Maina. The deceased distributed his properties to his sons during his lifetime, except for Nyeri/Endarasha/1276 and Nyeri/Endarasha/1792-1828.
Issues
- Whether the deceased shared out his property during his lifetime
- What should happen to the remaining properties
Reasoning
Both sides agreed that the deceased distributed his properties to his sons during his lifetime. The applicant claimed that Margaret Kagure Maina was given the land in Naromoru, while the protestors claimed that Jacob Kinyua Maina was given the land.
Outcome
The protest to be with merit, and the grant of letters of administration intestate will be confirmed with the schedule of distribution to be indicated in a further affidavit.
Orders
- The remaining properties will be shared according to the houses in terms of the provisions of section 40 Law of Succession Act
- Each party to meet his or her own cost
Remedies
- Confirmation of grant of letters of administration intestate with schedule of distribution
Authorities cited
Legislation (1)
- Law of Succession Act
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