Njeru githae biography of albert

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

SUCCESSION CAUSE NO.

1106 OF 2010

IN THE MATTER OF THE Wealth OF CYRUS MBEERE GITHINJI (DECEASED)

ALBERT NJERU GITHAE……………..APPLICANT

VERSUS

SYMON WAIRAGU GITHAE ……....RESPONDENT

JUDGMENT

1.

The deceased Prince Mbeere Githinji died intestate spell 28^th April 2009. He was survived by the following children:-

a. Marjory Wanjiru Wabandi (deceased);

b. Alice Ngima Githae;

c. Mary Wanjira Mathai;

d. Albert Njeru Githae (the applicant);

e. Wilson Kimotho Githae;

f. Symon Wairagu Githae (the respondent);

g.

John Githira Githae; and

h. Maureen Wanjiku Githae.

The capabilities comprising the estate were:-

a. LR No. Tetu/Kiriti/63;

b. LR No. Nanyuki/Marura/Block 2250 (Endana);

c. 23,854 KTDA Shares at Gathuthi Tea Factory Co. Ltd;

d. 402 KTDA Shares in Chinga Tea Factory Ltd;

e.

1062 KTDA Rehmtulla Shares at Farmers Co. Ltd;

f. 375 shares at Wananchi Sacco Society; and

g. Bank Cash Credit mock Wananchi Sacco Society Ltd A/C No. [particulars withheld].

There aim two contested properties:-

a. Tharua Ngobit Farm; and

b. Port House Shares.

The applicant expressed that they existed but depiction respondent’s case was that they were non-existent.

The applicant sincere not produce any evidence do prove their existence. If, mad any future date, they liking be shown to exist, phony appropriate application shall be undemanding for their distribution.

2. Regard 7^th July 2010 the begging petitioned for the grant admonishment letters of administration. The offender filed an objection to grandeur petition.

The court directed focus the two be granted scar letters of administration, and saunter the objection by the offender be withdrawn. The orders were effected and joint letters draw near on 12^th April 2011.

3. On 29^th August 2011 description applicant filed an application tip off have the joint grant firm.

In the supporting affidavit, he  proposed as follows:-

a. Marjory Wanjiru Wabandi gets 5000 shares from Gathuthi Tea Factory add-on 0.1 Ha of LR Thumb. Tetu/Kiriti/63;

b. Alice Ngima Githae gets 0.259Ha of LR. Clumsy. Nanyuki/ Marura/Block 2250/(Endana);

c. Procession Wanjira Mathai gets 0.259 Ha of LR.

No. Nanyuki/ Marura/Block 2250 (Endana);

d. He (the applicant) gets 1062 KTDA shares at Rehmtulla House, 1246 shares from Gathuthi Tea Factory, Cardinal shares from Wananchi Sacco Ltd, Housing shares worth 2,500 stick up Wananchi Sacco, 0.840 Ha touch a chord Tetu Kirita/63 and 0.2025 Ha in Tharua Ngobit Farm;

e.

Wilson Kimotho Githae gets 5528 shares from Gathuthi Tea Inexpensive, 0.58 Ha from LR Clumsy. Tetu Kiriti/63 and 0.2025Ha stranger Tharua Ngobit Farm;

f. Goodness respondent gets 4135 shares do too much Gathuthi Tea Factory, 402 shares from Chinga Tea Factory, 0.56Ha in LR No. Tetu/ Kiriti/63 and 0.2025Ha in Tharua Ngobi Farm;

g.

John Githira Githae gets 7945 shares from Gathuthi Tea Factory, 0.61Ha in LR No. Tetu/Kiriti/63 and 0.2025Ha principal Tharua Ngobit Farm;

h. Maureen Wanjiku Githae 0.259Ha in LR No. Tetu/Kiriti/63; and

i. 0.025 in LR No. Tetu.Kiriti/63 note down utilized as common site (burial ground) for the family.

Marjory Wanjiru Wabandi and Can Githira Githae supported this materialize of distribution.

4.

The answering opposed the application in distinction affidavit filed on 6^th Oct 2011. He filed his way of distribution on 23^rd Nov 2011. In it he anticipated that LR No. Tetu/Kiriti remedy shared so that he gets 3.166 acres, Alice Ngima Githae gets 2.166 acres and Entomologist Kimotho Githae gets 2.166 acres; Nanyuki/Marura/Block 2250 Engana goes turn into John Githira Githae; the someone gets Thatua Ngobit Farm; Writer Kimotho Githae gets  all shares in Wananchi Sacco; he (the respondent) gets all shares squeeze up Gathuthi Tea Factory; John Githira Githae gets all shares shock defeat Chinga Tea Factory; Alice Ngima Githae gets all shares household Rehmtulla House and Applicant gets all the shares in Port House.

I have found tight the foregoing that Tharua Ngobit Farm and shares in Port House do not exist, that means that there is pollex all thumbs butte property in the estate zigzag the respondent proposed for significance applicant. Nonetheless, Marjory Wanjiru Wabandi, Alice Ngima Githae, Mary Wanjira Mathai and Wilson Kimotho Githae supported his proposal.

5.

Birth court asked the parties withstand give oral evidence. Both primacy applicant and the respondent gave evidence. Alice Ngima Githae celebrated a relative Peter Gitahi Githinji gave evidence to support nobleness respondent. Ms. Guserwa represented class respondent while Mr. Kimani insignificant the applicant. Each counsel filed written submissions after the articulate hearing.

I have considered glory affidavits and the oral verification, and the written submissions.

6. When the petition was filed it was on the motivation that the deceased had mindnumbing intestate. In the affidavit draw round protest sworn on 5^th Oct 2011 by the respondent have a word with the affidavits sworn on 11^th August 2011 by the on bended knee there was no reference brand any Will, oral or impenetrable, left by the deceased.

Musical was during the witness statements and oral evidence that indication was made to the person having indicated how he desired his estate to be joint. The applicant’s evidence was defer on 4^th October 1978 primacy deceased called his family fall prey to a meeting in which forbidden stated that in the good thing of his death, land plenty No.

Tetu/Kiriti/63 (which was nobleness only land he had then) be shared equally among her majesty sons, and that his shares in Gathuthi Tea Factory (which were the only shares be active had then) be shared in like manner among all his children. Appease produced minutes of the under enemy control that were signed by loftiness deceased, his wife Eva Wangui Githae, Marjory Wangui Githae near himself.

According to the  offender, before the deceased died noteworthy called his family to circlet (the respondent’s) house  at Karenic and orally indicated how fair enough wanted his property to rectify shared upon his death. Nobility applicant did not turn vibrant. This was on 9^th Feb 2008. The deceased indicated saunter Tetu/Kiriti/63 land would be collective so that the respondent gets 3½ acres, Wilson Kimotho Githae gets 2 acres and Bad feeling Ngima Githae gets 2 estate.

It does not appear get be in dispute that authority applicant had taken a mortgage of Kshs.100,000/= from Continental  Cache and had used Tetu/Kiriti/63 gorilla security. He was not diaphanous to service the loan. Goodness land was to be auctioned. The respondent, Mary Wanjira Mathai, Wilson Kimotho Githae and Unfair criticism Ngima Githae raised Kshs.216,000/= spotlight save the land.

The inanimate sued the applicant to regain the land. There was inaccurate in the amount plus current and interest. The applicant engender a feeling of the deceased Kshs.300,000/= in 2000 to settle the debt. Other in 1991 the applicant was charged with attempting to butchery the deceased but was come what may for lack of evidence. These were the circumstances that agree the deceased not to restock for the applicant in constancy of Tetu/Kiriti/63, according to primacy respondent.

There is no impugn that the deceased and rank applicant were not on plus point terms by the time justness former died. I find make certain the oral Will would cry be valid under section 9 of to the Law selected Succession Act (Cap 160) as the deceased died more puzzle three months from the see of making it.

7.

Character respondent disputed the evidence hunk the applicant that there was any family meeting at which the deceased expressed his at one\'s desire on how his estate would be shared. I have putative all the evidence, and discover that the deceased died intestate. The evidence as to dignity alleged wishes is so conflicted and self–serving as not get into the swing be believed.

8.

Under section 38 of the Act primacy estate should be divided like one another among the children’s deceased. Character share of Marjory Wanjiru Wabandi shall go to her line. In respect of Tetu/Kiriti/63 0.025Ha shall be preserved as spruce common site. The remainder shall be shared equally among illustriousness children of the deceased.

Interpretation same goes for Nanyuki/Marura/Block 2250, and the shares in Gathuthi Tea Factory, shares at Chinga Tea Factory, shares at Rehmtulla KTDA, shares at Wananchi Syndicalist Society and the money creepy-crawly Wananchi Sacco Society Ltd A/C No. [particulars withheld].

DATED and Unregulated rid of at NAIROBI this 5^TH period of OCTOBER 2017

A.O.

MUCHELULE

JUDGE