John Nteere Mwarania v Susan Marete & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU SUCCESSION CAUSE NO 279 OF 2013 IN THE MATTER OF THE ESTATE OF THE LATE MUKINDIA MWIREBUA(DECEASED) JOHN NTEERE MWARANIA............PETITIONER VERSUS SUSAN MARETE...................................OBJECTOR TABITHA KATHURE MUKINDIA...APPLICANT RULING 1. Tabitha Kathure Mukindia the applicant in application dated 5 th February 2020, sought for orders of revocation and/or annulment of grant that was made to John Mutere M’Mwarania and confirmed on 22 nd November 2018. The application was based on the ground that she was the daughter of the deceased and that she had been left out of the distribution of the estate of her father. 2. She averred in her affidavit in support of the application that she was entitled to an equal share as her siblings and that she had not denounced her right as a beneficiary. 3. The applicant also filed an application dated 11 August 2020 seeking for temporary stay of execution of the grant herein pending the hearing and determination of the application for revocation. 4. In response to the application John Nteere M’Mwarania filed a replying affidavit sworn on 24 th August 2020 and averred that the applicants applications were an after thought and were not merited and therefore an abuse of the court. He claimed that the applicant was aware when this cause was filed in 2013 and he acknowledged that the deceased in his will did not provide for the applicant. He therefore urged the court not to stop the process of the implementation of the grant and dismiss the application. 5. Susan Marete also filed a Replying affidavit, asking the court to dismiss the application for reasons that the Will written by the deceased was found to be valid and the same had not been set aside. 6. In consideration of the submissions by counsel, it is apparent that although the Chief of Ntakira Location listed Tabitha kathure Mukindia as a beneficiary, the will drawn by the deceased on 1 st December 2003 did not include her or provide for her as a beneficiary. Although the applicant did not bring her application under Section 26 of the Law of Succession Act, this court finds that her concerns are valid as she seeks that this court provides for her in the deceased persons estate. It will not be necessary and it will be a waste of time and resources to have the grant herein revoked inorder for the parties to start the process of determining what the applicant should be provided for a fresh. In that regard, this court finds that since the deceased had decided to provide for his children in equal measure, the applicant herein will be added in the list of beneficiaries in the Will and to get a share in all the assets where the other beneficiaries are benefiting as follows :7. a) Ntima/Ntakira/ 483 Francis Kamathi 1 acre John Nteere 1 acre Simon Murithi 1 acre Isabella Gacheri – 0.32 acres

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