David Gitari Mucheke v Catherine Cianduru Mugo & another [2015] KEHC 515 (KLR)
- Court
- High Court of Kenya
- Case number
- 515
- Citation
- [2015] KEHC 515 (KLR)
- Decided
- 20 November 2015
The estate is divided as follows: 6 acres to Catherine Cianduru Mugo, 0.50 acres to Margaret Ntabi Kiberenge, 2.3 acres to Margaret Cianduru Mucheke, and 0.50 acres to David Gitari Mucheke.
Facts
The deceased was married to two wives and had five children. The Petitioner petitioned for Letters of Administration, Caveator filed a Caveat, and Protestor filed a protest. The estate was divided into two plots, 1021 and 1022, with 1021 given to the Petitioner and 1022 to the deceased's eldest son, Mugo Mucheke.
Issues
- Who should administer the estate?
- How should the estate be divided among the beneficiaries?
Reasoning
The deceased shared his land between his two sons, Mugo Mucheke and David Gitari Mucheke. The evidence showed that the deceased had sold two portions of his land for the benefit of the children of both Mugo Mucheke and the Petitioner. The court distributed the estate based on this evidence and the rights of the beneficiaries.
Outcome
The grant of Letters of Administration is confirmed in the names of the three Administrators as appointed by the court.
Orders
- The grant issued on 7th December, 2011 be re-issued in the names of the three (3) Administrators as appointed by this court and same be confirmed accordingly.
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