[2015] KEHC 956 (KLR)

[2015] KEHC 956 (KLR)

The court found that neither Janet Inzero nor Stephen Maina established their relationship with the deceased as required. Janet Inzero's allegations were not tested on oath, and Stephen Maina did not provide any affidavit or oral evidence to support the claim that he was given a portion of the estate. The court...

Source-derived case information.

Citation
[2015] KEHC 956 (KLR)
Parties
Petitioner: Deresina Mmanani Shipaka; Objector: Janet Inzero alias Janet Khayela Otenyo; MISSING: Solomon Luseno Bakhuya (deceased)
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Judgment Date
2 December 2015
Case Number
Separation Cause 273 of 2001
Procedural Posture
Succession Cause / Judgment
Outcome
Summons for Confirmation of Grant confirmed in favour of the petitioner; protest dismissed.
Legal Topics
Intestate Succession, Confirmation of Grant, Beneficiary Entitlement
Source Language
english
Family and Children Intestate Succession Confirmation of Grant Beneficiary Entitlement

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Parties

Deresina Mmanani Shipaka

Petitioner

Janet Inzero alias Janet Khayela Otenyo

Objector

Solomon Luseno Bakhuya (deceased)

MISSING

Procedural Posture

Succession Cause / Judgment

Legal Issues

  1. 1 Whether Janet Inzero and Stephen Maina established their relationship with the deceased to qualify as beneficiaries.
  2. 2 Whether the petitioner is the sole beneficiary entitled to the deceased's estate.

Ratio Decidendi

The court found that neither Janet Inzero nor Stephen Maina established their relationship with the deceased as required. Janet Inzero's allegations were not tested on oath, and Stephen Maina did not provide any affidavit or oral evidence to support the claim that he was given a portion of the estate. The court accepted the petitioner's evidence that she was the only surviving child of the deceased. Consequently, Section 36 of the Law of Succession Act applied, and the entire estate, being L.P. No. Idakho/Shivakala/1024, devolved to the petitioner. The protest was dismissed for lack of evidentiary support.

Court Disposition

Summons for Confirmation of Grant confirmed in favour of the petitioner; protest dismissed.

Orders

  • The whole of L.P. No. Idakho/Shivakala/1024 devolves to the petitioner, Deresina Mmanani Shipaka.
  • No orders as to costs.