Francis James Ndegwa v Juliet Wangui Ndegwa [2013] eKLR

Kenya Law

Automated Summary

Deceased Name

Robert Wahome Ndegwa

Key Facts

This case involves a civil appeal regarding the distribution of the intestate estate of Robert Wahome Ndegwa, who died in 2002. The deceased's parents, Francis James Ndegwa (appellant) and Juliet Wangui Ndegwa (respondent), disputed the allocation of assets including a Nairobi property, motor vehicles, and bank accounts. The High Court appointed both as joint administrators but found the estate should be distributed to the respondent for her medical needs due to her poor health from a 1995 accident. The Court of Appeal upheld most distributions but revised the allocation of funds from Standard Bank, ordering equal division between the parents. The sister Jane Murugi Ndegwa received educational support from the deceased but was not confirmed as a dependent post-education.

Issues

  • Whether the appeal was filed without required leave under Section 50 of the Law of Succession Act, rendering it incompetent, and the court's discretion in addressing it on merits.
  • Whether the motor vehicles in the deceased's name or under dealers' names were part of the estate and if the appellant's claim of ownership over them was valid.
  • Whether the grant of administration should be revoked due to the appellant's non-cooperation and unilateral actions in administering the estate.
  • Whether the deceased's sister, Jane Murugi Ndegwa, was entitled to inherit under Section 29(1) of the Succession Act despite not being a dependant after completing her education.
  • Whether the deceased's estate, including the Buru Buru house and motor vehicles, was properly distributed between the parents and sister in accordance with the Succession Act.

Date of Death

2002 December 15

Holdings

  • The court ruled that the deceased's sister, Jane Murugi Ndegwa, was not entitled to inherit from the estate after completing her education, as there was no evidence she remained a dependant. The High Court's order granting her a portion of the estate was modified.
  • The Court of Appeal upheld the High Court's distribution of the deceased's estate to Juliet Wangui Ndegwa (respondent) and Francis James Ndegwa (appellant), but substituted the allocation of the Standard Bank account proceeds to be divided equally between them. The court found no justification for revoking the grant and confirmed the distribution of assets including motor vehicles and properties.
  • The court rejected the appellant's claim that motor vehicles did not belong to the deceased's estate, affirming the High Court's finding that they were part of the estate despite being in third-party names. The distribution of the Buru Buru house to the respondent was justified due to her medical needs.

Estate Value

10000000.00

Remedies

  • Each party was ordered to bear their own costs in this family matter.
  • The Court of Appeal upheld all orders of the High Court except for the distribution of the deceased's Standard Bank account funds, which were to be divided equally between the appellant and respondent.
  • The respondent was allocated the Buru Buru Estate plot, Barclays Bank account in Mombasa, National Bank money, and motor vehicles KAL 895B and KAT 549T.
  • The appellant was allocated motor vehicles KAQ 539D, KAN 827M, KAQ 716D, and the deceased's NSSF funds.

Will Type

Intestacy

Probate Status

Letters of administration granted to both parties in 2008, confirmed by the High Court and upheld by the Court of Appeal in 2013 with revised distribution terms.

Legal Principles

  • The judgment relied on the Law of Succession Act (Sections 29(1) and 50) to determine inheritance rights and procedural requirements for appeals. It also addressed the court's power to set aside distribution orders without revoking the grant of administration.
  • The court applied the principle of proportionality in the context of estate distribution, referencing Section 3A, 3B of the Appellate Jurisdiction Act and Article 159 of the Constitution. It emphasized the importance of proportionality in balancing the interests of the parties while maintaining legal stability.

Succession Regime

Common-law intestacy governed the distribution under Kenya's Law of Succession Act, as the deceased died without a will.

Precedent Name

City Chemist (NBI) and Another V Oriental Commercial Bank Limited

Executor Name

  • Francis James Ndegwa
  • Juliet Wangui Ndegwa

Cited Statute

  • Constitution of Kenya
  • Law of Succession Act
  • Appellate Jurisdiction Act

Executor Appointment

  • Appointed as joint administrator by the court alongside Francis James Ndegwa
  • Appointed as joint administrator by the court alongside Juliet Wangui Ndegwa

Judge Name

  • Alnashir Visram
  • M. K. Koome
  • J. Otieno-Odek

Beneficiary Classes

  • Dependent Relative
  • Heir-At-Law

Passage Text

  • The learned trial Judge also dealt with the issues of whether the grant should be revoked and in a well reasoned judgment, found no justification for the revocation.
  • We agree this amount of money should have been distributed equally between the appellant and respondent. To that extent, all the other grounds of appeal fail except ground number 5. We uphold all the orders of the High Court but interfere with the order granting the Bank Account to Jane Ndegwa and substitute it with an order that the money at Standard Bank be divided between the appellant and respondent equally.
  • He therefore has benefited from the proceeds of these vehicles which are matatus.... I also make a finding that the deceased did support his young sister, Jane Murugi Ndegwa, in her pursuit in education. She is therefore, entitled as per Section 29(1) of the Succession Act, to inherit from this estate.