[2014] KEHC 2716 (KLR)
The court found that the daughters-in-law, Hilda and Ruth, were lawfully representing the interests of their deceased husbands, who were entitled to inherit from the estate. The petitioner, George, had already benefited from another parcel of land (plot number 111), and there was no justification for denying the...
Source-derived case information.
- Citation
- [2014] KEHC 2716 (KLR)
- Parties
- Applicant: George Mathew Anyanga; Respondent: Hilda Ohonda Kokoyo; Respondent: Ruth Weswa Rafimbi
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 477 of 2007
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant and Distribution of Estate
- Outcome
- Estate distributed among petitioner and respondents; each party to bear own costs.
- Legal Topics
- Succession of Estates, Distribution of Property, Rights of Widows, Intestate Succession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Mathew Anyanga
Applicant
Hilda Ohonda Kokoyo
Respondent
Ruth Weswa Rafimbi
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Distribution of Estate
Legal Issues
- 1 Whether the proposed mode of distribution by the petitioner is fair and lawful.
- 2 Whether the daughters-in-law of the deceased are entitled to inherit on behalf of their late husbands.
- 3 How the estate, specifically plot number MARAMA/SHINAMWENYULI/1120, should be distributed among the beneficiaries.
Ratio Decidendi
The court found that the daughters-in-law, Hilda and Ruth, were lawfully representing the interests of their deceased husbands, who were entitled to inherit from the estate. The petitioner, George, had already benefited from another parcel of land (plot number 111), and there was no justification for denying the respondents an equal share of the remaining estate. The court held that the estate should be distributed equitably among the three, with each widow holding her share for herself and her children, and the petitioner receiving a reduced share to account for his prior benefit.
Court Disposition
Estate distributed among petitioner and respondents; each party to bear own costs.
Orders
- Plot number MARAMA/SHINAMWENYULI/1120 to be distributed as follows: George Mathew Anyanga - 6.5 acres; Hilda Ohonda Kokoyo - 5.5 acres; Ruth Weswa Rafimbi - 5.5 acres.
- Ruth and Hilda shall hold their shares for themselves and in trust for their respective children.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT KAKAMEGA
SUCCESSION CAUSE NO: 477 OF 2007
IN THE MATTER OF THE ESTATE OF JOHN MUNYASA RAFIMBI........DECEASED
AND
GEORGE MATHEW ANYANGA........................................PETITIONER
versus
HILDA OHONDA KOKOYO
RUTH WESWA RAFIMBI..............................................DEFENDANTS
R U L I N G
The late JOHN MANYASA RAFIMBI died on 3/1/1995. His son GEORGE MATHEW ANYANGA filed this succession cause and was issued was Grant of letters of letters of Administration Intestate on 1/9/2007. George filed his application for the grant to be confirmed but his two sister in laws objected to his mode of distribution. The matter went on for oral evidence.
According to George, his father had four sons. Fanuel, Jacob John and himself. Hilda is the wife of John while Ruth is the wife of Fanuel. His brother Jacob was given his land. The suit land plot number MARAMA/SHINAMWENYULI/1120 is to be inherited by the three brothers.
According to his proposed mode of distribution, he would like to get 10 acres, give 3 ½ acres to Hilda and 2. 6 acres to Ruth. It is his evidence that his father had divided the land to his three sons and there are boundaries on the ground. HILDA OHONDA KOKOYO testified that she is the wife of JOHN BERI OLENDO who is deceased. She is a daughter in law of the late JOHN MUNYASA RAFIMBI. She had one daughter with her husband. She is the only wife only wife. It is her evidence that the petitioner, George was given another plot this being plot number MARAMA/SHINAMWENYULI/111 measuring 5. 5 acres. She produced an official search as proof of that contention. She would like to get 5 ½ acres out of plot number 1120. She lives on the suit land.
RUTH WASWA RAFIMBI is a daughter in law of the deceased. Her evidence is that her late husband was FANUEL RAFIMBI. They had three sons and one daughter. She is also seeking 5 ½ acres from the suit land.
From the evidence on record the only dispute is distribution of the deceased’s estate which comprise of plot number MARAMA/SHINAMWENYULI/1120. The plot is 17. 5 acres as per the official search dated 5/6/2007. It is clear that the petitioner recognizes the rights of his brother’s wives to inherit the estate. His only problem is the share for each of his two sisters in laws.
Given the fact that the two daughters in law of the deceased are representing the interests of their respective husbands who were entitled to inherit the property, I do find that their claims are lawful. There is enough evidence that their claims are lawful. There is enough evidence that the petitioners also benefited from plot number 111. I see no reason as to why the two defendants should not get their proper share of the estate.
I will therefore proceed and distribute the estate as follows;-
PLOT NO. MARAMA/SHINAMWENYULI/1120
1. GEORGE MATHEW ANYANGA 6. 5 ACRES
2. HILDA OGONDO KOKOYO 5. 5 ACRES
3. RUTH WASWA RAFIMBI 5. 5 ACRES
Ruth and Hilda shall hold their shares for themselves and also in trust for their respective children. Each party shall meet his/her own costs.
Dated, delivered and signed at Kakamega this 17th day of September 2014.
SAID J. CHITEMBWE
JUDGE