Albert Njeru Githae v Symon Wairagu Githae [2017] KEHC 9481 (KLR)
- Court
- High Court of Kenya
- Case number
- 9481
- Citation
- [2017] KEHC 9481 (KLR)
- Decided
- 5 October 2017
The estate should be divided equally among the children's deceased. The share of Marjory Wanjiru Wabandi shall go to her children. In respect of Tetu/Kiriti/63, 0.025Ha shall be preserved as a common site. The remainder shall be shared equally among the children of the deceased.
Facts
The deceased Cyrus Mbeere Githinji died intestate. His estate includes various properties, with two contested properties: Tharua Ngobit Farm and Mombasa House Shares. The applicant and respondent proposed different distributions of the estate.
Issues
- Validity of the deceased's alleged oral will
- Distribution of the estate among the deceased's children
Reasoning
The deceased died intestate. The evidence regarding the alleged wishes is conflicting and self-serving. The applicant's evidence of a family meeting was not corroborated.
Outcome
The application for confirmation of joint grant of letters of administration was granted.
Orders
- The estate should be divided equally among the children's deceased
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