[2014] KEHC 6691 (KLR)
The court determined that it cannot proceed with the distribution of the estate without first establishing the actual position on the ground regarding the suit land. Evidence indicates that part of the land has been sold to various purchasers, but the extent of these sales and the remaining acreage are unclear. To...
Source-derived case information.
- Citation
- [2014] KEHC 6691 (KLR)
- Parties
- Applicant: Beatrice Chebendi; Respondent: Nelson Mikisi Maruti
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 123 of 1997
- Procedural Posture
- Succession Cause / Directions
- Outcome
- Matter adjourned for site visit and mention; no final orders on distribution issued.
- Judges
- SJ Chitembwe
- Legal Topics
- Estate Administration, Distribution of Estate, Sale of Land, Beneficiaries Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beatrice Chebendi
Applicant
Nelson Mikisi Maruti
Respondent
Procedural Posture
Succession Cause / Directions
Legal Issues
- 1 Whether the court can proceed to distribute the estate without ascertaining the current status of the suit land.
- 2 Whether the interests of purchasers of portions of the estate land need to be considered before distribution.
Ratio Decidendi
The court determined that it cannot proceed with the distribution of the estate without first establishing the actual position on the ground regarding the suit land. Evidence indicates that part of the land has been sold to various purchasers, but the extent of these sales and the remaining acreage are unclear. To ensure a fair and just distribution, the court found it necessary to conduct a site visit and engage with the purchasers to clarify the status of the land. This approach is essential to avoid prejudicing the rights of bona fide purchasers and to ensure that the distribution reflects the true state of the estate.
Court Disposition
Matter adjourned for site visit and mention; no final orders on distribution issued.
Orders
- A date for the site visit to the suit land shall be fixed in court.
- Matter shall be fixed for mention for the purpose of arranging the site visit.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT KAKAMEGA
SUCCESSION CAUSE NO: 123 OF 1997
IN THE MATTER OF THE ESTATE OF MARUTI TARAKWA...............................................................................DECEASED
AND
BEATRICE CHEBENDI.........................................................PETITIONER
VERSUS
NELSON MIKISI MARUTI....................................................OBJECTOR
DIRECTIONS
I have gone through the evidence on record and the pleadings filed by the respective parties. I do find that it will be difficult for the court to make a decision and distribution the estate without knowing the actual position on the ground. The evidence shows that part of the land was sold to some buyers. It’s not very clear how many acres were sold and how many are remaining. The court may have to visit the suit land. There is need to talk to the purchasers including Lurisia Kasucha, Nelson Mutali, John Mandalala, Mukwana and Mama Ana. A date for the site visit shall be fixed in court. Matter shall be fixed for mention for that purpose.
Dated, signed and Delivered at Kakamega this 26th day of February 2014.
SAID J. CHITEMBWE
JUDGE