JAMES MITHIA GICHOMBO V. LUCIA MUTHONI SILAS & GICHOMBO MUIGAI

RULING

As a son of Silas Muigai Gichombo. (the deceased) died intestate on the 10^th of March, 2001, the applicant expected to be included in the distribution of the former’s estate. According to the widow, who is also one of the administrators, the distribution was done strictly in accordance with the deceased’s wish and took into consideration what the deceased had gifted, inter vivos.

Weighing the evidence before her, Ali-Aroni, J noted that, whereas all the parties appeared satisfied with widow’s proposed list on distribution, three of her sons, James Muthia Gichombo, (the applicant), George Gichombo Muigai and Dennis Thuo Muigai were aggrieved, particularly with the proposed distribution of the petrol station. While the applicant wanted it for himself, his two brothers proposed that it be shared equally amongst all the beneficiaries.

The family insisted that, since the deceased had gifted the applicant during his life time, the applicant was not entitled to any part of the estate.

On …