In re Estate of Kimani Ng’ang’a (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi, Milimani Law Courts, Family Division
Category
Civil
Judge(s)
Ali-Aroni
Judgment Date
October 08, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of In re Estate of Kimani Ng’ang’a (Deceased) [2020] eKLR, highlighting key legal principles and outcomes relevant to estate management and inheritance law.

Case Brief: In re Estate of Kimani Ng’ang’a (Deceased) [2020] eKLR

1. Case Information:
- Name of the Case: In the Matter of the Estate of Kimani Ng’ang’a (Deceased)
- Case Number: Succession Cause No. 2711 of 2015
- Court: High Court of Kenya at Nairobi, Family Division
- Date Delivered: 8th October 2020
- Category of Law: Civil
- Judge(s): Ali-Aroni
- Country: Kenya

2. Questions Presented:
The court was tasked with resolving the following central legal issues:
- Whether an asset belonging to the deceased was left out of the will.
- Whether the deceased failed to provide for all his dependants in the will.
- The validity of the will.
- The issue of costs related to the proceedings.

3. Facts of the Case:
The deceased, Kimani Ng’ang’a, passed away on 5th July 2015. He was survived by two wives, Florence Mwatha Kimani and Judith Lusanji Kimani, and several children, each wife having brought children into the marriage. A third woman was mentioned as a beneficiary in the will but did not contest the proceedings. Judith, the second wife, sought probate as the executor of the will dated 11th February 2015, which was witnessed by two advocates. The grant of probate was issued on 24th February 2020. Florence protested the will, claiming it was invalid because it omitted an asset and failed to provide for all dependants.

4. Procedural History:
Judith filed for confirmation of the grant on 30th October 2016, which led to Florence's protest on 14th November 2016. The protest centered on the will's validity and its failure to include all assets and dependants. The matter proceeded with viva voce evidence, where both parties presented their arguments and evidence.

5. Analysis:
- Rules: The court considered the statutory requirements for a valid will, including the necessity for independent witnesses and the inclusion of all assets and dependants.
- Case Law: The court referenced previous rulings regarding the distribution of estates and the obligations of a deceased to provide for dependants, emphasizing the importance of adhering to prior court orders concerning property ownership.
- Application: The court found that Florence failed to provide evidence to support her claims regarding the omitted asset. The will was deemed valid as it was properly executed and witnessed. The court also noted that the deceased had previously been adjudicated to own only a quarter of the Dagorretti property, which affected the validity of his bequests in the will. The court concluded that the will's provisions were largely valid, save for the inconsistency with the prior court order.

6. Conclusion:
The court ruled that Florence's objection to the will failed, affirming the validity of the will except for the provisions conflicting with the prior court order. The deceased's intentions regarding asset distribution were upheld, and it was clarified that each party would bear their own costs.

7. Dissent:
There were no dissenting opinions noted in this case.

8. Summary:
The High Court upheld the validity of Kimani Ng’ang’a's will while acknowledging limitations imposed by a previous court order. The decision clarified the distribution of the deceased's estate and underscored the importance of adhering to legal requirements for will execution. The case highlights the complexities involved in succession matters, especially where multiple dependants and prior legal rulings intersect. Each party was ordered to bear their own costs, reflecting the court's decision to not penalize either party in the dispute.

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