[2013] KEHC 5258 (KLR)
The court found that the petitioner had included all beneficiaries, including the objectors, in the proposed mode of distribution, with each receiving an equal share of the main estate property. The court determined that the objectors' claim for a distribution based on the deceased's alleged wishes was not supported...
Source-derived case information.
- Citation
- [2013] KEHC 5258 (KLR)
- Parties
- Respondent: Hannah Shilavukha; Applicant: Moses Lidonde; Applicant: Agripinah Lichungu Lidonde
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 123 of 2006
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant and Distribution of Estate
- Outcome
- Application for confirmation of grant granted. Estate to be distributed equally among listed beneficiaries as per the petitioner's proposal.
- Legal Topics
- Succession of Estates, Distribution of Property, Dependants Rights, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hannah Shilavukha
Respondent
Moses Lidonde
Applicant
Agripinah Lichungu Lidonde
Applicant
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Distribution of Estate
Legal Issues
- 1 Whether the objectors were properly included as beneficiaries of the deceased's estate.
- 2 Whether the proposed mode of distribution by the petitioner is fair and reasonable.
- 3 Whether the estate should be distributed according to the alleged wishes of the deceased or equally among all beneficiaries.
Ratio Decidendi
The court found that the petitioner had included all beneficiaries, including the objectors, in the proposed mode of distribution, with each receiving an equal share of the main estate property. The court determined that the objectors' claim for a distribution based on the deceased's alleged wishes was not supported by the evidence, as the petitioner had already accounted for all beneficiaries and the distribution was reasonable and equitable. The court further noted that part of the property claimed by the objectors was already registered in their names and thus not available for distribution. Accordingly, the court granted the application for confirmation of the grant and ordered the...
Court Disposition
Application for confirmation of grant granted. Estate to be distributed equally among listed beneficiaries as per the petitioner's proposal.
Orders
- The application for confirmation of the grant dated 7.4.2011 is granted as prayed.
- The deceased's estate, SOUTH KABRAS/CHESERO/86, shall be distributed equally among the listed beneficiaries, each receiving 0.18 Ha.
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 REUBEN LIDONDE…………. DECEASED
HANNAH SHILAVUKHA ……........…………... PETITIONER/RESPONDENT
V E R S U S
MOSES LIDONDE ………………………..… 1ST OBJECTOR/APPLICANT
AGRIPINAH LICHUNGU LIDONDE …......... 2ND OBJECTOR/APPLICANT
R U L I N G
The petitioner herein is the widow of the late REUBEN LIDONDE who died on the 25. 10. 2004. The petitioner was issued with a grant on the 27. 9.2006. The objectors herein filed this objection stating that they have not been included in the list of heirs of the deceased. The court made a ruling on the 22. 2.2011 directing the petitioner to file an application for the confirmation of the grant. An application for confirmation of the grant was filed on the 12. 4.2011. Parties agreed to proceed by way of affidavits and submissions.
The main dispute is how the estate should be distributed. The objectors’ position is that the deceased had two wives and had demarcated his land in accordance with the number of house. The first wife was to get three acres and the second wife 2 acres. They would like the court to adopt the wishes of the deceased. On her part the petitioner indicate that the deceased had eleven children from his two wives. He left two plots namely- SOUTH KABRAS/CHESERO/86 measuring 3. 2 Hectares and 2170 measuring 0. 51 Hectares. According to the petitioner the deceased also had two brothers who are living on plot number 86 and were his dependants. Her proposed mode of distribution is to divide the land equally with each child getting 0. 18 Ha. and the two brothers getting 0. 55 Ha. each. It is the petitioner’s position that the above proposal is what is subsisting on the ground.
The objectors herein are MOSES LIDONDE and AGRIPINA LICHUNGU LIDONDE. The letter from the area chief, East Kabras Location dated 4. 12. 2005 indicate that the deceased had two wives and the objector’s mother who was the second wife had only one child with the deceased by the JOSEPH LILUMA LIDONDE. In the proposed mode of distribution by the petitioner I have noted that there is allocation for MOSES BUSHURU LIDONDEandAGRIPINA LICHUNGU LIDONDEas well asJOSEPH LILUMA LIDONDE. Each of the three beneficiaries are getting 0. 18 Ha. which is the same share as the other beneficiaries. I do presume that the above names incorporate the objectors and their brother Joseph Liluma Lidonde. In essence therefore the petitioner has brought the objectors on board. The main portion of land is number 86 which is 3. 3 Ha. and therefore bigger than the 5 acres being stated by the objectors.
I do find that the petitioner has taken into account all the deceased’s beneficiaries and her mode of distribution is reasonable. The petitioner contends that plot number 2170 was registered in the names of the objectors’ mother and Moses Lidonde as per the certificate of search dated 24. 8.2007. That being the case the only estate available for distribution that is registered in the deceased’s name is plotter number 86 and the petitioner has stated how she wishes to distribute that plot. Each beneficiary is getting an equal share. The application for the confirmation of the grant dated 7. 4.2011 is hereby granted as prayed. The deceased’s estate shall be distributed as follows:-
SOUTH KABRAS/CHESERO/86
a)DAVID MASINZA LIDONDE- 0. 18 HA.
b)SILVANOS KHAYATI LIDONDE- 0. 18 HA.
c)ESTHER NYONGESA LIDONDE- 0. 18 HA.
d)AGNES SHILWATSO LIDONDE- 0. 18 HA.
e)VICTORIA SHIKHALO LIDONDE- 0. 18 HA.
f)GLADYS BABACHILA LIDONDE- 0. 18 HA.
g)GETRUDE INDOSI LIDONDE- 0. 18 HA.
h)MOSES BUSHURU LIDONDE- 0. 18 HA.
i)VINCENT ANAMI LIDONDE- 0. 18 HA.
j)AGRIPINA LICHUNGU LIDONDE- 0. 18 HA.
k)SAMSON LUBUKU ANAMI- 0. 18 HA.
l)JOSEPH LILUMA LIDONDE- 0. 18 HA.
m)LUKA MUTSAMI ANAMI- 0. 18 HA.
Each party to meet his/her own costs.
Delivered, dated and signed at Kakamega this 7th day of February, 2013
SAID J. CHITEMBWE
J U D G E