[2019] KEHC 3610 (KLR)
The court found that the applicant had provided prima facie evidence of a sale agreement between himself and the deceased for land parcel Kakamega/Nzoia/340. Since the deceased died before effecting the transfer, and the Citees are successors to the estate, it is necessary for letters of administration to be taken...
Source-derived case information.
- Citation
- [2019] KEHC 3610 (KLR)
- Parties
- Applicant: Paul Musyoka Kaloki; Respondent: Phylis Amwayi Okuyosi; Respondent: Catherine Nasimiyu
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 32 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Citation Application
- Outcome
- application allowed
- Judges
- HK Chemitei
- Legal Topics
- Probate and Administration, Letters of Administration, Sale of Land, Citation Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Musyoka Kaloki
Applicant
Phylis Amwayi Okuyosi
Respondent
Catherine Nasimiyu
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Citation Application
Legal Issues
- 1 Whether the Citor is entitled to have the Citees compelled to take out letters of administration for the estate of the deceased.
- 2 Whether the estate of the deceased includes land parcel Kakamega/Nzoia/340 allegedly sold to the Citor.
- 3 Whether the citation proceedings are valid where the Citees claim the deceased left no estate.
Ratio Decidendi
The court found that the applicant had provided prima facie evidence of a sale agreement between himself and the deceased for land parcel Kakamega/Nzoia/340. Since the deceased died before effecting the transfer, and the Citees are successors to the estate, it is necessary for letters of administration to be taken out to facilitate the completion of the transaction. The court was satisfied that the application for citation was meritorious and that the Citees should be compelled to apply for letters of administration, failing which the applicant may do so. The existence of a related land case did not negate the need for administration of the estate for purposes of effecting the transfer or...
Court Disposition
application allowed
Orders
- The Citees are ordered to take out letters of administration of the estate of the late Abraham Okonda Okuyosi within 30 days.
- In default, the Citor Paul Musyoka Kaloki is at liberty to apply for letters of administration.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITALE
MISC. SUCCESSION CAUSE NO. 32 OF 2015
IN THE MATTER OF THE ESTATE OF THE LATE ABRAHAM OKONDA OKUYOSI.....DECEACED
AND
IN THE MATTER OF A CITATION IN RESPECT OF HIS ESTATE
BETWEEN
PAUL MUSYOKA KALOKI................................APPLICANT/RESPONDENT
AND
PHYLIS AMWAYI OKUYOSI....................1ST RESPONDENT/APPLICANT
CATHERINE NASIMIYU...........................2ND RESPONDENT/APPLICANT
RULING
1. This is an application for citation. The Citor claims that he purchased land parcel No. Kakamega/Nzoia/340 from the deceased Abraham Okonda Okuyosi. He attached 4 handwritten sets of sale agreement.
2. Apparently the deceased seemed to have died before effecting transfers. Its alleged that the Citees are Successors to his estate by virtue of their relationship with the deceased.
3. The Citees are claiming that the deceased did not leave behind any estate and thus the citation proceedings are annullity. There is a matter namely Kitale Environment and Land Case No. 69 of 2015 pitting the parties herein.
4. Taking into consideration the prima facie evidence herein and specifically the Sales agreements between the deceased and the Citor and considering the Provisions of Section 66 of the Succession Act Cap 160 I am satisfied that the application herein is meritorious.
5. The same is therefore allowed. The Citees are ordered to take out letters of Administration of the Estate of the late Abraham Okonda Okuyosi within the next 30 days and in default the Citor Paul Musyoka Kaloki be at liberty to do so.
6. Costs in the cause.
Delivered, signed and dated at Kitale this 3rd day of April, 2019.
_______________
H.K. CHEMITEI
JUDGE
03/4/19
In the presence of;
Mr. Wanyama holding brief for Ambutsi for Respondent
No appearance for the Applicant
Court Assistant – Kirong
Ruling read in open court.