Julius Mathia Ndamaiyu v Peter Njoroge Mwaniki [2015] KEHC 5081 (KLR)

Facts

The deceased, Mwaniki Ndamayu, died and his son Peter Njoroge contested the grant of letters of administration made to the petitioner, Julius Mathia Ndamaiyu. The deceased's estate included four parcels of land, and there was a dispute over the distribution of the estate.

Issues

1. How the deceased's estate should be distributed among his surviving children and step-brothers
2. Whether the deceased's estate comprised 38 acres of land as alleged by the petitioner

Reasoning

The court applied Section 38 of the Law of Succession Act, which states that the intestate estate should be distributed equally among surviving children. The court found that the deceased's estate comprised four parcels of land and ordered them to be divided equally among the surviving children.

Outcome

The court ordered the distribution of the deceased's estate to be equally divided among the surviving children

Authorities cited