[2020] KEHC 2661 (KLR)
The court determined that the applicant, PWN, is entitled to the lorry (registration number withheld), the parcel of land L.R. No. Ngong/Ngong/xxxxx, and the Mercedes Benz (registration number withheld) as per the deceased's will and the judgment. The court considered the timing of property acquisition and the...
Source-derived case information.
- Citation
- [2020] KEHC 2661 (KLR)
- Parties
- Applicant: PWN; Respondent: VAO; Respondent: CAO
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 3202 of 2014
- Procedural Posture
- Succession Cause / Ruling After Judgment on Distribution of Estate
- Outcome
- orders for distribution of specific estate assets to applicant, subject to settlement of outstanding loan
- Judges
- A Ali-Aroni
- Legal Topics
- Succession, Distribution of Estate, Testate Succession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
PWN
Applicant
VAO
Respondent
CAO
Respondent
Procedural Posture
Succession Cause / Ruling After Judgment on Distribution of Estate
Legal Issues
- 1 Whether the applicant is entitled to specific properties from the deceased's estate as per the will and prior court judgment.
- 2 How the estate should be distributed among the heirs considering the acquisition dates of the properties and the deceased's union with the applicant.
Ratio Decidendi
The court determined that the applicant, PWN, is entitled to the lorry (registration number withheld), the parcel of land L.R. No. Ngong/Ngong/xxxxx, and the Mercedes Benz (registration number withheld) as per the deceased's will and the judgment. The court considered the timing of property acquisition and the number of heirs, concluding that these specific assets should go to the applicant. However, if the land is still subject to a loan, the executors must first settle the loan before transferring the property to the applicant. This approach balances the testator's wishes, the applicant's entitlements, and the interests of other heirs, in accordance with the Law of Succession Act.
Court Disposition
orders for distribution of specific estate assets to applicant, subject to settlement of outstanding loan
Orders
- The applicant, PWN, is entitled to the lorry (registration number withheld) gifted in the will and may trace and take possession of it.
- Property L.R. No. Ngong/Ngong/xxxxx and Mercedes Benz (registration number withheld) are to be transferred to the applicant, PWN.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
(FAMILY DIVISION)
SUCCESSION CAUSE NO 3202 OF 2014
IN THE MATTER OF THE ESTATE CAO (DECEASED)
PWN..............................................................................................APPLICANT
VERUS
VAO....................................................................................1ST RESPONDENT
CAO..................................................................................2ND RESPONDENT
R U L I N G
1. The ruling is in pursuant to the judgment of this court dated 6th February, 2020 and as contained in paragraph 23, 24 & 25 of the said judgment. In arriving at its final decision the court has taken note that several properties were obtained before the deceased entered into a union with the applicant, and it has also taken note of the number of the deceased heirs, thus forming the view that in addition to the Lorry registration number [particulars withheld] J which was gifted to the applicant in the will and which the applicant can trace and take possession of, Property L.R. No. Ngong/Ngong/xxxxx and Motor vehicle registration number [particulars withheld] P Mercedes Benz ought to go to PWN. Should Property No. Ngong/Ngong/xxxxx still be on loan the executors are directed to settle the same before transferring the said property to the Applicant.
DATED, SIGNEDandDELIVEREDat NAIROBI this 24TH DAY OF SEPTEMBER, 2020.
......................
ALI-ARONI
JUDGE