Benson Kiragu King'ori v Kiragu Mbata & another [2016] KEHC 3027 (KLR)
- Court
- High Court of Kenya
- Case number
- 3027
- Citation
- [2016] KEHC 3027 (KLR)
- Decided
- 19 September 2016
The protest has merits, and the grant of letters of administration to Kiragu Mbata and David Kangara Mbata is confirmed. The land parcel Mahiga/Kiamako/451 is divided equally between Kiragu Mbata and David Kangara Mbata.
Facts
The deceased died intestate in 1997. The petitioner claimed to be a stepson and sought letters of administration over the deceased's estate, which included title number Mahiga/Kiamako/451. The objectors contested the claim, stating the deceased had expressed his wishes regarding the estate's distribution and that they were the rightful heirs.
Issues
- Whether the petitioner is a rightful heir to the deceased's estate
- Whether the petitioner has a valid claim to the land in question
Reasoning
The court found no evidence to support the petitioner's claim of being a rightful heir or having a valid trust over the land. The objectors are sons of the deceased and are entitled to the estate.
Outcome
The protest is allowed, and the grant of letters of administration is confirmed.
Orders
- Letters of administration to Kiragu Mbata and David Kangara Mbata are confirmed.
- The land parcel Mahiga/Kiamako/451 is divided equally between Kiragu Mbata and David Kangara Mbata.
- The petitioner is ordered to pay the costs of the cause.
Remedies
- Confirmation of letters of administration to Kiragu Mbata and David Kangara Mbata
- Division of the land parcel Mahiga/Kiamako/451 equally between Kiragu Mbata and David Kangara Mbata
Authorities cited
Legislation (2)
- Law of Succession Act
- Cap 160, Laws of Kenya
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