Mugo Miano v Benson Kababi Miano [2016] KEHC 4685 (KLR)
- Court
- High Court of Kenya
- Case number
- 4685
- Citation
- [2016] KEHC 4685 (KLR)
- Decided
- 16 June 2016
The protest is dismissed, and the grant of letters of administration is confirmed. The estate will be distributed as proposed by the administrator.
Facts
The deceased, Miano Mumu, died on 26 October 1997. His estate includes two properties: Kabare/Njuku/914 and Kabare/Nyangati/851. The administrator, Mugo Miano, proposed to distribute the estate, but the protestor, Benson Kababi, contested the distribution. The protestor claimed that the estate should be divided equally among all 10 children, while the administrator argued that the protestor and his family members who received gifts should not be excluded.
Issues
- Distribution of the estate
- Exclusion of beneficiaries of gifts from the estate
Reasoning
The court finds no merit in the protest and dismisses it, noting that the protestor was among those who received gifts from the deceased. The court confirms the grant of letters of administration and the proposed distribution of the estate.
Outcome
The protest is dismissed with costs.
Orders
- Grant of letters of administration confirmed
- KABARE/NJUKU/914 to David Munene Miano
- KABARE/NYANGATI/851 to be shared equally among Juliana Kariuko Ndambiri, Virginia Muthoni Mugo, Agnes Watoro Magondu, Faith Ruguru Ngai, and David Muriithi Miano
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