Joseph Kithinji M’itonga v Wilfred Mwirigi Gitonga [2015] KEHC 2059 (KLR)
- Court
- High Court of Kenya
- Case number
- 2059
- Citation
- [2015] KEHC 2059 (KLR)
- Decided
- 8 October 2015
The petitioner is ordered to distribute to the interested party/applicant his entitlement in respect of the deceased's estate in accordance with the confirmed grant issued on 28th June 2004 within 30 days from the day of this ruling. The petitioner is also ordered to promptly and without undue delay execute all relevant documents to facilitate the transfer of the interested party's rightful share of 4 acres from Land Parcel No. Abogeta/U-Kithangari/691 in conformity with the confirmed grant.
Facts
The applicant, Wilfred Mwirigi Gitonga, seeks to have his share of the deceased estate distributed and transferred to him. He claims the petitioner, Joseph Kithinji M'itonga, has failed to do so, and has instead transferred other beneficiaries their rightful shares.
Issues
- Distribution of the deceased's estate
- Transfer of land ownership
Reasoning
The court found that the petitioner has not distributed the deceased's estate as required by law and has failed to transfer the applicant's share. The court ordered the petitioner to distribute the estate and transfer the land within 30 days.
Outcome
Success
Orders
- Distribute the deceased's estate to the applicant within 30 days
- Transfer the applicant's share of 4 acres from Land Parcel No. Abogeta/U-Kithangari/691 to the applicant's name
Remedies
- Compensation for costs incurred by the petitioner in pursuing the succession cause
- Costs to be borne by the petitioner
Authorities cited
Legislation (2)
- Law of Succession Act
- Probate and Administration Rules
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