[2014] KEHC 6287 (KLR)
The court found that there was insufficient clarity regarding the composition of the deceased's estate and the parties' respective proposals for distribution. To facilitate a fair and just determination, the court directed the objector to file an affidavit itemizing the estate and proposing a mode of distribution,...
Source-derived case information.
- Citation
- [2014] KEHC 6287 (KLR)
- Parties
- Applicant: Adda Ndakala Handa; Applicant: Noah Nduku Handa; Respondent: Edward Omwaka Handa
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 336 of 2008
- Procedural Posture
- Succession Cause / Directions
- Outcome
- Directions issued for further filings; no final determination on distribution.
- Judges
- SJ Chitembwe
- Legal Topics
- Succession, Estate Distribution, Affidavit of Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Adda Ndakala Handa
Applicant
Noah Nduku Handa
Applicant
Edward Omwaka Handa
Respondent
Procedural Posture
Succession Cause / Directions
Legal Issues
- 1 What constitutes the deceased's estate for purposes of distribution.
- 2 What is the appropriate mode of distribution of the deceased's estate.
Ratio Decidendi
The court found that there was insufficient clarity regarding the composition of the deceased's estate and the parties' respective proposals for distribution. To facilitate a fair and just determination, the court directed the objector to file an affidavit itemizing the estate and proposing a mode of distribution, and the petitioner to respond with their own proposal. This procedural step is necessary to ensure all assets are accounted for and that the parties' positions are clear before the court can proceed to determine the distribution of the estate.
Court Disposition
Directions issued for further filings; no final determination on distribution.
Orders
- The objectors shall file and serve an affidavit itemizing the deceased's entire estate and their proposals on the mode of distribution within 14 days.
- The petitioner shall respond to the objectors' mode of distribution and list of assets by filing their proposed mode of distribution within 14 days after service.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT KAKAMEGA
SUCCESSION CAUSE NO: 336 OF 2008
IN THE MATTER OF THE ESTATE OF JOHNSTONE HANDA MUTSEMBI ALIAS JOHNSTONE
HANDA.............................DECEASED
AND
ADDA NDAKALA HANDA..................................................PETITIONERS
NOAH NDUKU HANDA
VERSUS
EDWARD OMWAKA HANDA.................................................OBJECTOR
DIRECTIONS
I have gone through the evidence on record adduced by the objectors. The main issue for determination is the distribution of the deceased’s estate. From the evidence and the pleadings, there is no clarity as to what exactly constitute the deceased’s estate and how each of the two parties would like to have the estate distributed.
I do therefore make the following directions;-
The objectors to file and serve an affidavit itemizing the deceased’s entire estate and make their proposals on the mode of distribution within 14 days hereof.
The petitioner to respond to the objectors mode of distribution and list of assets by filing their proposed mode of distribution within 14 days , after service.
This matter is listed for mention to confirm the above two directions.
Dated, signed and Delivered at Kakamega this 20th day of March 2014.
SAID J. CHITEMBWE
JUDGE