Joseph Thuranira v David Birithia Lauri [2018] KEHC 1971 (KLR)
- Court
- High Court of Kenya
- Case number
- 1971
- Citation
- [2018] KEHC 1971 (KLR)
- Decided
- 29 November 2018
The appeal is dismissed as the trial court's decision was in accordance with the provisions of the Law of Succession Act, and the distribution of the estate was in accordance with the wishes of the beneficiaries.
Facts
The deceased, M’Mucheke M’Anaiba, died intestate on 26th November, 2015. He left behind a wife, Sabina Kauki M’Mucheke, and five children. The estate comprised ITHIMA/ANTUAMBUI/2448, ITHIMA/ANTUAMBUI/495, and ITHIMA/ANTUAMBUI/3671. The appellant, Joseph Thuranira, petitioned for letters of administration intestate, while the respondent, David Birithia Lauri, filed an objection. The estate was distributed by the trial court, with the appellant's proposed mode of distribution reviewed and corrected.
Issues
- the mode of distribution of the estate
- the signature appearing in the consent to the filing of the petition was a forgery
Reasoning
The court found that the deceased had transferred ITHIMA/ANTUAMBUI/2448 to the respondent during his lifetime and that the respondent had developed the property. The court also noted that the widow was in agreement with the proposed distribution of the estate.
Outcome
Appeal dismissed
Orders
- The appellant is ordered to bear the costs of the respondent in this appeal
Authorities cited
Legislation (1)
- Law of Succession Act, Cap 160 of the Laws of Kenya
Loading judgment…