Charity Wanjugu Kariuki Alias Charity Wanjugu Karoki v Festus Muigua Kariuki & another [2013] KEHC 2454 (KLR)
- Court
- High Court of Kenya
- Case number
- 2454
- Citation
- [2013] KEHC 2454 (KLR)
- Decided
- 23 August 2013
The grant is confirmed as prayed in the summons for confirmation of grant, and the Petitioner's proposed schedule of distribution is largely conforming with the provisions of Section 40 of the Law of Succession Act.
Facts
The deceased was a polygamous man and had children from multiple marriages. The Petitioner, a daughter of the deceased, sought to distribute the estate's only asset, L.R. No. Ruguru/Gachika/65, among her siblings. The Protestors opposed the distribution, claiming the Petitioner had received a share from the deceased's estate.
Issues
- Distribution of the deceased's estate's only asset
- Whether the Petitioner received a share inter vivos from the deceased
Reasoning
The court found that the deceased was a polygamous man and that the Petitioner and the Protestors, save for Winrose Wanjiru Kariuki, were all children of the deceased. The court confirmed the Petitioner's proposed distribution as it largely conforms with Section 40 of the Law of Succession Act.
Outcome
Grant confirmed
Orders
- Grant of temporary letters of administration intestate on 4th January, 2011
- Confirmation of the Petitioner's proposed distribution of the estate's only asset
Remedies
- Confirmation of the Petitioner's proposed distribution of the estate's only asset
Authorities cited
Legislation (1)
- Law of Succession Act
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