[2017] KEKC 11 (KLR)
The court found that all bona fide heirs of the deceased had consented to the sale and transfer of the estate property, E.BUKUSU/S.KANDUYI/9351, to Richard Wesonga Muttayi. The court was satisfied that the requirements of the Law of Succession Act and the Kadhi's Court Act had been met, and that there was no...
Source-derived case information.
- Citation
- [2017] KEKC 11 (KLR)
- Parties
- Applicant: Miriam Akamala Gula; Applicant: Mugamo Omari Mwinyi; Respondent: Mwathumu Mukahaswa Gula; Respondent: Mwanatena Gula Mwinyi; Respondent: Richard Wesonga Muttayi
- Court
- Kadhis Courts
- Court Station
- Kadhis Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 118 of 2014
- Procedural Posture
- Probate and Administration / Ruling on Distribution of Estate
- Outcome
- estate property to be transferred to purchaser as agreed by all heirs
- Legal Topics
- Intestate Succession, Distribution of Estate, Transfer of Land, Consent of Heirs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Miriam Akamala Gula
Applicant
Mugamo Omari Mwinyi
Applicant
Mwathumu Mukahaswa Gula
Respondent
Mwanatena Gula Mwinyi
Respondent
Richard Wesonga Muttayi
Respondent
Procedural Posture
Probate and Administration / Ruling on Distribution of Estate
Legal Issues
- 1 Whether the estate of the deceased should be distributed as per the agreement of the heirs.
- 2 Whether the property E.BUKUSU/S.KANDUYI/9351 should be transferred to the purchaser Richard Wesonga Muttayi.
Ratio Decidendi
The court found that all bona fide heirs of the deceased had consented to the sale and transfer of the estate property, E.BUKUSU/S.KANDUYI/9351, to Richard Wesonga Muttayi. The court was satisfied that the requirements of the Law of Succession Act and the Kadhi's Court Act had been met, and that there was no objection from any party. Accordingly, the court ordered that the property be registered in the name of the purchaser, recognizing the agreement of the parties and the absence of any dispute regarding the distribution of the estate. The court further noted that the matter would proceed to the High Court for confirmation of the grant as required by law.
Court Disposition
estate property to be transferred to purchaser as agreed by all heirs
Orders
- E.BUKUSU/S.KANDUYI/9351 measuring 0.07HA to be registered in the name of Richard Wesonga Muttayi.
- No shares to be distributed to the heirs as the property has been sold and proceeds presumably shared.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE KADHI’S COURT OF KENYA AT BUNGOMA
FROM THE HIGH COURT OF KENYA AT BUNGOMA
P&A NO. 118 OF 2014.
HAFSA GULA MWINYI ...................,,,..DECEASED
VERSUS
MIRIAM AKAMALA GULA ......... 1st PETITIONER
MUGAMO OMARI MWINYI.........2nd PETITIONER
RULING
1. The deceased herein died intestate on 1st September, 2009 (death cert. 074424 issued at Kakamega) leaving behind E.BUKUSU/ S.KANDUYI/ 9351 measuring 0. 07HA. At the time of her demise, she was survived by her mother, two sisters and one brother as bonafide heirs. The heirs are listed in P& A 5 and Petitioners' affidavit in support dated 27th September, 2016.
2. It was the evidence of the heirs herein that they had already sold whole of E.BUKUSU/ S.KANDUYI/ 9351 – 0. 07HA through Miriam Akamala Gula to one RICHARD WESONGA MUTTAYI and wanted the same directly transferred and or registered in his name.
3. The court is guided by Art.170(5) of the Constitution of Kenya 2010, read together with sec(5) and (6) of the Kadhi's court Act Cap II and Sec.2(3) and Sec. 48(2) law of Succession Act Cap 160. The parties herein on 16th October, 2017 and 23rd October, 2017 agreed that the same be registered in the name of the purchaser one RICHARD WESONGA MUTTAYI of which the court had no objection.
4. Schedule of sharing.
NAME DESCRIPTION OF PROPERTY SHARES
E.BUKUSU/ S.KANDUYI/ 9351-0. 07HA
1. RICHARD WESONGA MUTTAYI (BUYER) ” 0. 07HA
2. MIRIAM AKAMALA GULA (MOTHER) ” NIL
3. MWATUMU MUKAHASWA GULA (SISTER) “ NIL
4. MWANATENA GULA MWINYI (SISTER) ” NIL
5. MUGAMO OMAR MWINYI (BROTHER) ” NIL
D.S. RATORI, PK
23/10/2017
COURT:Ruling made.
Matter fixed for confirmation before High court on 5th December, 2017.
D.S. RATORI, PK
23/10/2017