Case ID:179687

In re Estate of James Chege Ndwaru (Deceased) [2021] eKLR

Case Metadata

Case Number:

Succession Cause 1751 of 1993

Parties:

In re Estate of James Chege Ndwaru (Deceased)

Date Delivered:

21 Jul 2021

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Aggrey Otsyula Muchelule

Citation:

In re Estate of James Chege Ndwaru (Deceased) [2021] eKLR

Court Division:

Family

County:

Nairobi

Case Outcome:

Application allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

SUCCESSION CAUSE NO. 1751 OF 1993

IN THE MATTER OF THE ESTATE OF JAMES CHEGE NDWARU (DECEASED)

MARY WACHUKA CHEGE.........................................................................................APPLICANT

VERSUS

SUSAN NJOKI CHEGE..................................................1

ST

RESPONDENT/ADMINISTRATOR

JANE WANJIRU CHEGE..............................................2

ND

RESPONDENT/ADMINISTRATOR

JAMES WAINAINA CHEGE.........................................3

RD

RESPONDENT/ADMINISTRATOR

GEORGE MBUGUA CHEGE............................................................................4

TH

RESPONDENT

ELIZABETH WANJIKU CHEGE.....................................................................5

TH

RESPONDENT

REGINA GATHONI.......................................................................................... 6

TH

RESPONDENT

ESTHER RUGURU CHEGE.............................................................................7

TH

RESPONDENT

MARY WACHIKA CHEGE..............................................................................7

TH

RESPONDENT

RULING

1. When on 9

th

November 2017 this court shared the estate of the deceased John Chege Ndwaru, it was on the basis that Dagoretti/Riruta/T.36 was part of the estate. The parcel was ordered to be shared equally among the children of the deceased who were John Ndwaru Chege, Salome Wanjiku Chege, Mary Wachuka Chege (1

st

administrator), Susan Njoki Chege, James Wainaina Chege (3

rd

administrator/2

nd

respondent), Jane Wanjiru Chege (2

nd

administrator), Elizabeth Wanjiku Chege, David Munguratu Chege, George Mbugua Chege (4

th

administrator), Esther Ruguru Chege and Regina Gathoni.

2. The applicant Judy Njeri Joel is the granddaughter and one of the administrators of the late Joel Njuguna Gitau following the

Succession Cause No. 968 of 2010

at Nairobi. Her case was that at the time the deceased died, and up to the time his estate was distributed, Dagoretti/Riruta/T.36 did not belong to him as it was registered in the name of the late Joel Njuguna Gitau. She annexed a certificate of official search. Her application dated 3

rd

March 2020 and filed on 19

th

March 2020 sought that the judgment of this court be reviewed in relation to the parcel of land by excluding it from the deceased’s estate.

3. The applicant’s supporting affidavit showed that the administrators had in

HCCC No. 529 of 2000 (OS)

filed an adverse possession claim against the late Joel Gitau Njuguna. The claim was dismissed for want of prosecution. The administrators filed a response to the present application to confirm to the court that the suit has since been reinstated following the application.

4. It is therefore evident that at the time that the administrators herein were distributing the estate of the deceased they knew that Dagoretti/Riruta/T.36 was not the free property of their late father (the deceased). They knew this was a disputed property. They stated that the deceased had vide a sale agreement dated 27

th

March 2006 bought the parcel from the late Joel Gitau Njuguna but that the transfer had not been effected. This is information they were required to give to this court at the time of the confirmation of the grant of the estate of the deceased.

5. I consider that the fact that Dagoretti/Riruta/T.36 was a contested property, and was in the name of the late Joel Gitau Njuguna, was material information that was not availed to the court when it distributed the same to the family of the deceased. Under

Order 45 rule 1

and

2

of the

Civil Procedure Rules

, I review the judgment of this court that was delivered on 9

th

November 2017 by excluding Dagoretti/Riruta/T.36 from the estate of the deceased. This will allow for the dispute over the parcel in

HCCC No. 529 of 2000 (OS)

to be heard and determined. If at the end of the day the parcel is determined to belong to the deceased, it will be shared as ordered in the judgment herein.

6. Costs of this application shall follow the event.

DATED AND DELIVERED AT NAIROBI THIS 21

ST

DAY OF JULY 2021

A.O. MUCHELULE

JUDGE