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In re Estate of Jepherson Mwikambi Mwazo (Deceased) (Succession Cause 3 of 2018) [2023] KEHC 3630 (KLR) (25 April 2023) (Judgment)
Neutral citation:
[2023] KEHC 3630 (KLR)
Republic of Kenya
Succession Cause 3 of 2018
SM Githinji, J
April 25, 2023
In The Matter Of The Estte Of Jepherson Mwikambi
Mwazo (Deceased)
Judgment
1This matter relates to the estate of Jepherson Mwikambi Mwazo who died on December 6, 2010 domiciled in Kipini.
2The petitioners Lydia Daudi Mwanjewe and Joshua Jepherson Mwazo the widow and son of the deceased respectively, applied for letters of administration which were granted on April 4, 2018. The estate was survived by the following dependants;a.Lydia Daudi Mwanjewe - Widowb.Joshua Jepherson Mwazo - Sonc.Mary Jepherson Mwazo - Daughterd.Joseph Chrispine Mwazo - Son
3The asset of the estate of the deceased is land parcel No Kipini/Mapunga Kilelengwani No 878 measuring approximately 5.9 Ha. The liability of the estate is 4 acres purchased from the said land by one Peter Mungai Njuguna.
4The beneficiaries of the estate of Jepherson Mwikambi Mwazo (deceased) were directed to file a proposed mode of distribution of the estate. The said proposal dated October 18, 2021 proposes that the total amount of acreage in plot no 878 Tana River which is 15 acres be divided as follows;
1.Lydia Daudi Mwanjewe – 3 acres
2.Joshua Jepherson Mwazo – 4 acres
3.Mary Jepherson Mwazo - 4 acres
4.Chrispine Mwamburi Jepherson -4 acres
5From the proposed mode of distribution, I note that one Paul Mungai Njuguna is not provided for. The court on November 29, 2021 made orders that the said Peter Mungai Njuguna’s purchase of 4 acres as per the agreement executed on September 4, 2009 is not disputed. The four acres of the said parcel of land should go to him as per the agreement.In this case, Section 35(1) (a) & (b) of the Act applies: It provides: -
6I have taken into account the proposed mode of distribution of the estate by the beneficiaries who have appended their signatures thereto. In my view, the same was agreed by consensus. The estate comprises of 5.9 Ha which translate to 14.6 acres. I shall thus proceed to make the following orders;
8In the above distribution, I have considered the widow’s wishes from the proposed mode of distribution that the children have more acreage than her.
JUDGMENT FOR GARSEN READ, SIGNED AND DELIVERED VIRTUALLY AT MALINDI THIS 25TH DAY OF APRIL, 2023.S.M. GITHINJIJUDGEIn the Presence of; -Mr Komora for the ObjectorPetitioners are in person and are absent
