In re Estate of Dominic Kihuri Kibira alias Domeniko Kihuri s/o Kibira alias Kihuri s/o Kibira (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Nyeri
Category
Civil
Judge(s)
Hon. A. Mshila
Judgment Date
October 01, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of In re Estate of Dominic Kihuri Kibira, highlighting key legal insights and the implications for estate management in Kenya.


Case Brief: In re Estate of Dominic Kihuri Kibira alias Domeniko Kihuri s/o Kibira alias Kihuri s/o Kibira (Deceased) [2020] eKLR

1. Case Information:
- Name of the Case: In the Matter of the Estate of Dominic Kihuri Kibira alias Domeniko Kihuri s/o Kibira alias Kihuri s/o Kibira (Deceased)
- Case Number: Succession Cause No. 126 of 2002
- Court: High Court of Kenya at Nyeri
- Date Delivered: October 1, 2020
- Category of Law: Civil
- Judge(s): Hon. A. Mshila
- Country: Kenya

2. Questions Presented:
The central legal issue presented to the court was the distribution of properties that had been left out of a Partial Settlement Agreement regarding the estate of the deceased, Dominic Kihuri Kibira, particularly focusing on the specific parcels of land and shares in various companies.

3. Facts of the Case:
The deceased, Dominic Kihuri Kibira, died on April 17, 1982, and was polygamous with three wives, all of whom are now deceased. He was survived by nine children and one nephew. The estate was subject to multiple succession causes, leading to a consolidation of cases. A Grant of Letters of Administration was issued to three of the deceased's children. Disputes arose regarding the proposed mode of distribution of the estate, prompting several affidavits of protest from other beneficiaries.

The parties entered court-annexed mediation, resulting in a Partial Mediation Settlement Agreement on April 30, 2019, which excluded certain properties from distribution. The court was tasked with the distribution of these properties following the mediation agreement.

4. Procedural History:
The initial succession causes related to the deceased's estate led to the consolidation of cases. Following the issuance of the Grant of Letters of Administration in 2017, disputes arose regarding the mode of distribution proposed by one of the administrators. Subsequent affidavits of protest were filed by other beneficiaries. Mediation was attempted, resulting in a Partial Mediation Settlement Agreement, which was later adopted by the court as an order. The court then directed the parties to submit written arguments regarding the distribution of properties that were not included in the settlement.

5. Analysis:
- Rules: The court considered several sections of the Law of Succession Act, particularly Sections 35, 36, 37, 38, 40, and 42, which govern the distribution of an intestate estate among surviving children and dependents.

- Case Law: The court referenced previous cases that established principles regarding the equitable distribution of estates, particularly in polygamous contexts where multiple houses exist. The court emphasized the importance of adhering to the statutory provisions that guide the distribution of an intestate estate.

- Application: The court applied these rules to the facts of the case, determining that the properties should be distributed equally among the surviving children. It noted that the Partial Mediation Settlement Agreement provided a framework for distribution, particularly for the properties that were explicitly included in the agreement. The court ruled that the remaining properties should be shared equally among the nine children and the nephew, following the provisions of the Law of Succession Act.

6. Conclusion:
The court ruled that the estate of Dominic Kihuri Kibira should be distributed according to the terms outlined in the judgment, confirming the Grant of Letters of Administration. The ruling reinforces the principle of equal distribution among surviving children in the absence of a surviving spouse, as established by the Law of Succession Act.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The High Court of Kenya ruled on the distribution of the estate of Dominic Kihuri Kibira, confirming the equal distribution of properties among the nine children and one nephew. This case highlights the complexities of distributing estates in polygamous families and emphasizes adherence to statutory provisions regarding intestate succession. The decision aims to ensure fairness and equity among beneficiaries while respecting the wishes of the deceased as expressed in the Partial Mediation Settlement Agreement.

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