[2013] KEHC 4831 (KLR)
The court found that since Petronilla Busolo and Queen Colletta had expressly informed the court of their intention not to inherit from the deceased's estate, the number of beneficiaries was reduced to four. The administrator's proposal to distribute the estate equally among the remaining beneficiaries was deemed...
Source-derived case information.
- Citation
- [2013] KEHC 4831 (KLR)
- Parties
- Applicant: Christopher Mucheywa Shitambasi; Respondent: Bernard Amutsa Imbwaga; Respondent: Dennis Atsango Shikundi
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 208 of 2005
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant
- Outcome
- application for confirmation of grant granted
- Legal Topics
- Succession, Distribution of Estate, Confirmation of Grant, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christopher Mucheywa Shitambasi
Applicant
Bernard Amutsa Imbwaga
Respondent
Dennis Atsango Shikundi
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant
Legal Issues
- 1 Whether the proposed mode of distribution of the deceased's estate is fair and includes all entitled beneficiaries.
- 2 Whether the two daughters, Petronilla Busolo and Queen Colletta, are entitled to a share of the estate or have relinquished their rights.
Ratio Decidendi
The court found that since Petronilla Busolo and Queen Colletta had expressly informed the court of their intention not to inherit from the deceased's estate, the number of beneficiaries was reduced to four. The administrator's proposal to distribute the estate equally among the remaining beneficiaries was deemed fair and in accordance with the wishes of those entitled. The court confirmed the grant and ordered the estate to be distributed equally, with each beneficiary receiving 1.05 Ha. The court also directed that Beatrice Indalizu Musoka would hold her share in trust for her children. The application for confirmation of the grant was therefore granted as prayed.
Court Disposition
application for confirmation of grant granted
Orders
- The deceased's estate, L.R. NO. KAKAMEGA/SHIAKUNGU/1074, shall be distributed as follows: Beatrice Indalizu Musoka (to hold in trust for Festus Muganda Mutolotolo and Getrude Kharieki) - 1.05 Ha; Christopher Mucheywa Shitambasi - 1.05 Ha; Protus M. S. Atsango - 1.05 Ha; Christine Mutondo Shitambasi - 1.05 Ha.
- Grant to be issued to Christine Mutondo Shitambasi.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
High Court at Kakamega
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IN THE MATTER OF THE ESTATE OF LAWRENCE EMBOVA SHITAMBASI .. DECEASED
BETWEEN
CHRISTOPHER MUCHEYWA SHITAMBASI ................................... APPLICANT
V E R S U S
BERNARD AMUTSA IMBWAGA ........................................... 1ST RESPONDENT
DENNIS ATSANGO SHIKUNDI …………………………….. 2ND RESPONDENT
R U L I N G
The late LAWRENCE EMBOVA SHITAMBASI died on the 9th of February 1996. He was survived by three sons and three daughters namely:-
1. Collettah Queen Shitambasi - daughter
2. Petronillah Busolo Shitambasi - daughter
3. Christine Mutondo Shitambasi - daughter
4. Gerald Mukonda Shitambasi (deceased) - son
5. Christopher Mucheywa Shitambasi - son
6. Protus M. S. Atsango - son
The deceased son left his wife Beatrice Idalizu and two children. The deceased’s estate comprise of plot number KAKAMEGA/SHIAKUNGU/1074 measuring 4. 2 Ha. Protus Atsango had filed another succession cause, number 208 of 2005 before this court and was issued with a grant on 22nd June 2011. The two causes were consolidated.
Parties are agreeable to the beneficiaries who are supposed to inherit the estate. The only difference is that Christopher Mucheywa Shitambasi contends that the proposed mode of distribution by Christine has excluded the other two daughters. He would like to have the estate distributed equally amongst the six children thereby each getting 0. 7 Ha.
I do not see any problem in this matter. Petronilla Busolo and Queen Colletta informed the court that they do not wish to inherit the deceased’s estate. That leaves the number of inheritors to be four. The administrator in her application dated 7th July 2012 is proposing to distribute the estate equally. This gives each beneficiary 1. 05 Ha. That being the case and since the court did confirm from the other two beneficiaries that they have relinquished their shares, the application for confirmation of the grant dated 7th July 2012 is granted as prayed. The deceased’s estate shall be distributed as follows:-
L.R. NO. KAKAMEGA/SHIAKUNGU/1074
a)Beatrice Indalizu Musoka - 1. 05 Ha.
(to hold in trust for children Festus Muganda Mutolotolo and
Getrude Kharieki
b)Christopher Mucheywa Shitambasi - 1. 05 Ha.
c)Protus M. S. Atsango - 1. 05 Ha.
d)Christine Mutondo Shitambasi - 1. 05 Ha.
Grant to be issued to Christine Mutondo Shitambasi. Each party shall bear his/her own costs.
Delivered, dated and signed at Kakamega this 7th day of February, 2013
SAID J. CHITEMBWE
J U D G E