Case ID:185804

In re Estate of Waithaka Keru Peter (Deceased) [2021] eKLR

Case Metadata

Case Number:

Succession Cause 92 of 2018

Parties:

In re Estate of Waithaka Keru Peter (Deceased)

Date Delivered:

18 Nov 2021

Case Class:

Civil

Court:

High Court at Kiambu

Case Action:

Ruling

Judge(s):

Mary Muhanji Kasango

Citation:

In re Estate of Waithaka Keru Peter (Deceased) [2021] eKLR

Court Division:

Family

County:

Kiambu

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 KIAMBU

SUCCESSION CAUSE NO. 92 OF 2018

IN THE MATTER OF THE ESTATE OF THE LATE WAITHAKA KERU PETER (DECEASED)

RULING

1. There are two protests filed herein against the application of confirmation of grant hereof dated 22

nd

July, 2020. One of the affidavits of protest was sworn by

David Waithaka Kinyanjui, Stephen Thuo Kinyanjui

and

James Kariuki Kinyanjui

dated 17

th

March, 2021. The other affidavit was sworn by

Judith Wambui Kinyanjui.

2. When the learned counsels appeared before me on 28

th

September, 2021 they intimated that the protest could be determined by affidavit evidence.

3. I have considered the matter and I am of a contrary view. It is not possible to determine what property of

Stanley Kinyanjui Kiru Deceased

is still available for distribution.

Stanley Kinyanjui Kiru Deceased

was brother of

Waithaka Keru Peter Deceased

. This succession relates to the estate of

Waithaka Keru Peter deceased

.

4. During the lifetime of

Stanley Kinyanjui Kiru deceased

and

Waithaka Keru Peter deceased,

it was accepted by all that Parcel

No. Ndumberi/Ndumberi/1891

was registered in the name of

Waithaka Keru Peter deceased

, who held part of that land in trust for

Stanley Kinyanjui Kiru deceased

. That property was sub-divided and parcels

No. Ndumberi/Ndumberi 3210, 3211, 3212, 3213, 3214, 3215, 3216, 3217 , 3218, 3219, 3220 and 3221

were determined as the parcels belonging to

Stanley Kinyanjui Kiru deceased.

Those parcels of land however remained registered in the name of

Waithaka Keru Peter deceased

upto the date of his demise and the demise of

Stanley Kinyanjui Kiru deceased

. The controversy is who amongst the beneficiaries of

Stanley Kinyanjui Kiru deceased

should inherit those parcels and there is yet the added controversy of whether some of those parcels are available for distribution for it is alleged that parcels

Nos. 3213, 3214, 3215, 3219, 3220 and 3221

are either sold or are earmarked to specific beneficiaries.

5. It does seem however that the distribution of the land belonging to

Waithaka Keru Peter deceased

has no controversy.

6. My consideration of the issues raised in the protests before me has led me to conclude that the controversy of the estate of

Stanley Kinyanjui Kiru deceased

can only be determined after the court receives viva voce evidence. At the reading of this Ruling, a date will be given for the hearing of the protests by viva voce evidence.

RULING DATED AND DELIVERED AT KIAMBU THIS 18TH DAY OF NOVEMBER, 2021.

MARY KASANGO

JUDGE

Coram:

Court Assistant: Maurice

For Judy Wambui Kinyanjui

For Teresiah Wanjiku Waithaka…Miss Mwema H/B Mrs. Morara

For Peter Kimani Kinyanjui

For James Kariuki

David Waithaka

Stephen Thuo

COURT

Ruling delivered virtually.

MARY KASANGO

JUDGE