Case ID:185322

In re Estate of Nichasius Kirugu Ndwiga (Deceased) [2021] eKLR

Case Metadata

Case Number:

Succession Cause 900 of 2019

Parties:

In re Estate of Nichasius Kirugu Ndwiga (Deceased)

Date Delivered:

03 Nov 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 Nichasius Kirugu Ndwiga (Deceased) [2021] eKLR

Court Division:

Family

County:

Nairobi

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. 900 OF 2019

IN THE MATTER OF THE ESTATE OF NICHASIUS KIRUGU NDWIGA- DECEASED

PATRICK KIRUGU KANGETHE....1

ST

PETITIONER/RESPONDENT

MICHAEL NDWIGA KARUGU......2

ND

PETITIONER/RESPONDENT

VERSUS

MARY ANN WACHEKE KIRUGU................OBJECTOR/APPLICANT

RULING

1. This cause relates to the estate of Nichasius Kirugu Ndwiga who died intestate on 13

th

June 2019. On 8

th

October 2019 the petitioners/ respondents Patrick Kirugu Kang’ethe and Michael Ndwiga Kirugu petitioned this court for the grant of letters of administration intestate. The other beneficiaries were Agnes Wawira Kirugu, Monica Mukami Kirugu, Mercy Wacuka Kirugu and Valentine Ndwiga Kirugu.

2. The estate was stated to comprise LR No. Dagoretti/Ruthimitu/473, LR No. Kabere/Njiku/865, Plots at Makindu in Makueni County, vehicles KAT xxx A, tractor KTCB xxx P and A/C No. xxxxxxxxxx KCB.

3. The applicant/objector Mary Ann Wacheke Kirugu filed an objection to the making of the grant. Her case was that the deceased was her legal husband following a marriage contracted on 6

th

January 2002 at Waithaka Catholic Church. She produced a marriage certificate. They got a child on 13

th

February 2004. She produced a birth certificate. Her complaint was that the petitioners, who are sons of the deceased’s first wife who died, refused to engage her and seek her consent when filing the petition.

4. The petitioners did not respond to the objection, even upon service.

5. There is uncontroverted evidence that the applicant and the deceased were legally married. The deceased having had another wife who died leaving children, it means that the deceased had two houses. Under

section 66

of the

Law of Succession Act (Cap 160),

the applicant and the petitioners (or any of them) should be able to administer the estate left by the deceased.

6. I direct the Deputy Registrar to have the petition gazetted, if it was not. If it was gazetted, then a joint grant should issue to the petitioners and the objector/applicant.

DATED AND DELIVERED AT NAIROBI THIS 3RD DAY OF NOVEMBER 2021.

A.O. MUCHELULE

JUDGE