[2017] KEHC 7251 (KLR)

[2017] KEHC 7251 (KLR)

The court found that neither the Applicant nor the Respondent had legal authority to sell or transfer estate property before confirmation of grant. The Respondent's purchase from a beneficiary before succession proceedings did not confer valid title, as the beneficiary had no authority to sell. However, the Respondent's claim was acknowledged by the petitioners as a liability in the estate, and he had been in possession for over 15 years. The Applicant, having been a witness to the original sale and having included the Respondent as a liability, failed to provide sufficient grounds for substitution. The application to remove the Respondent's name and substitute it with Roshel Ibolet Imo...

Citation
[2017] KEHC 7251 (KLR)
Parties
Applicant: Benson Orode; Respondent: Chrispinus William Pamba
Court
High Court
Court Station
High Court at Busia
Jurisdiction
Kenya
Judgment Date
16 March 2017
Case Number
Probate & Administration 130 of 2015
Procedural Posture
Probate and Administration / Ruling on Chamber Summons for Substitution of Liability in Estate
Outcome
application dismissed
Legal Topics
Probate and Administration, Estate Liabilities, Sale of Land by Beneficiary, Confirmation of Grant
Source Language
English
Civil Procedure Family and Children Probate and Administration Estate Liabilities Sale of Land by Beneficiary Confirmation of Grant

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Parties

Benson Orode

Applicant

Chrispinus William Pamba

Respondent

Procedural Posture

Probate and Administration / Ruling on Chamber Summons for Substitution of Liability in Estate

Legal Issues

  1. 1 Whether the Respondent's name should be substituted with that of Roshel Ibolet Imo as a liability to the estate of the deceased.
  2. 2 Whether the Applicant has legal basis to seek removal of the Respondent from the list of liabilities in the estate before confirmation of grant.
  3. 3 Whether a purchaser from a beneficiary before confirmation of grant has enforceable rights against the estate.

Ratio Decidendi

The court found that neither the Applicant nor the Respondent had legal authority to sell or transfer estate property before confirmation of grant. The Respondent's purchase from a beneficiary before succession proceedings did not confer valid title, as the beneficiary had no authority to sell. However, the Respondent's claim was acknowledged by the petitioners as a liability in the estate, and he had been in possession for over 15 years. The Applicant, having been a witness to the original sale and having included the Respondent as a liability, failed to provide sufficient grounds for substitution. The application to remove the Respondent's name and substitute it with Roshel Ibolet Imo...

Court Disposition

application dismissed

Orders

  • The Chamber Summons application dated 3rd February, 2016 is dismissed.
  • Each party shall bear their own costs.