[2001] KEHC 51 (KLR)
The court found that granting the applicant exclusive authority to collect rent and administer the estate for the benefit of only the minor children from the second house would not adequately provide for the minor children from the first house, who were also left unprovided for. The court emphasized the need for...
Source-derived case information.
- Citation
- [2001] KEHC 51 (KLR)
- Parties
- Applicant: Grace Kaunda Luyundi; Respondent: Edward Kaunda Anyanda; Respondent: Mathew Luyundi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 417 of 1992
- Procedural Posture
- Succession Cause / Ruling on Application for Collection of Rent and Administration of Estate
- Outcome
- application dismissed
- Legal Topics
- Succession, Letters of Administration, Customary Marriage, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grace Kaunda Luyundi
Applicant
Edward Kaunda Anyanda
Respondent
Mathew Luyundi
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Collection of Rent and Administration of Estate
Legal Issues
- 1 Whether the applicant, as a widow under Luhya Customary Law, is entitled to collect rent from the deceased's property for the benefit of minor children from the second house.
- 2 Whether the omission of the applicant from the initial grant of letters of administration constituted fraud or misrepresentation.
- 3 Whether granting the applicant exclusive rights to collect rent adequately provides for all minor children of the deceased.
Ratio Decidendi
The court found that granting the applicant exclusive authority to collect rent and administer the estate for the benefit of only the minor children from the second house would not adequately provide for the minor children from the first house, who were also left unprovided for. The court emphasized the need for equitable distribution and administration of the estate among all beneficiaries. The application was therefore dismissed to ensure that all parties take appropriate action to distribute the estate comprehensively, rather than piecemeal or in a manner favoring one group of beneficiaries over another.
Court Disposition
application dismissed
Orders
- The application for exclusive collection of rent by the applicant is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO.417 OF 1992
IN THE MATTER OF THE ESTATE OF CHARLES ANYANDA
GRACE KAUNDA LUYUNDI ……..….…………...…......….…….. APPLICANT
VERSUS
EDWARD KAUNDA ANYANDA ………….……....…….. 1ST RESPONDENT
MATHEW LUYUNDI ……………………………..…….. 2ND RESPONDENT
R U L I N G
The deceased Charles Anyanda Luyundi died on 16th April, 1991. He left the following heirs surviving him.
1. Edward Kaunda Anyanda - 28 years
2. Beatrice Anyanda - 26 years
3. Mabel Anyanda - 24 years
4. Maurice Anyanda - 20 years
5. Mathew Anyanda - 15 years
6. Allan Anyanda - 8 years
All these children were from his first wife who died in 1984.
The applicant is said to have been married by the deceased in 1985 after the death of the mother of the above named children. This was through Luhya Customary Law as evidenced by an affidavit of marriage sworn on 11th January, 1986.
After the death of the deceased Edward and Mathew applied for Letters of Administration in which they omitted to name the applicant as the widow of the deceased.
The applicant has deponed in par.4 of the affidavit in support of this application that the said Grant was later revoked on the ground of fraud and misrepresentation. The applicant later applied and obtained a Limited Grant of Letters of Administration ad colligenda bona on 30th September, 1998 in entitled her to collect rent from the house at Donholm LR.NO.Nairobi/BLOCK/82/42 and to process the deceased pension scheme and to apply the rent and the pension to pay school fees for the deceased minor children Nelly Anyanda and Faith Anyanda.
The order was extracted but the same was served on tenants living in plot No.11/1/Kakamega.
The applicant has been granted orders to collect rent to pay school fees for the deceased’s minor children namely Nelly Anyanda and Faith Anyanda. These are children from the 2nd house. But the first house has also minor children who were left by the deceased’s first wife who died in 1984, and who were not provided for.
Allowing one party to collect rent will not settle the matter, the matters the parties should take action the earliest possible to distribute the estate and that the only way this matter can be settled for the above reasons this application is dismissed with no order as to costs.
Dated and delivered at Nairobi this 18th day of July, 2001
J.L.A. OSIEMO
JUDGE