[2020] KEHC 2999 (KLR)
The court found that the deceased had, during his lifetime, settled most of his property on certain family members, leaving only LR. KISUMU/KADONGO/543 as free property for distribution. Since the family of Oriedo Agumba had not previously benefited from the deceased's property, it would be unjust to distribute the...
Source-derived case information.
- Citation
- [2020] KEHC 2999 (KLR)
- Parties
- Applicant: Domtillah Akumu Okore; Respondent: Samson Otieno Adorn
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 950 of 2014
- Procedural Posture
- Succession Cause / Ruling on Distribution of Estate
- Outcome
- Estate distributed as per 2nd Administrator's proposal.
- Judges
- TW Cherere
- Legal Topics
- Intestate Succession, Distribution of Estate, Law of Succession Act, Apportionment of Land, Administrator Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Domtillah Akumu Okore
Applicant
Samson Otieno Adorn
Respondent
Procedural Posture
Succession Cause / Ruling on Distribution of Estate
Legal Issues
- 1 Whether the estate of Agumba Awinda (deceased) should be distributed equally among the beneficiaries.
- 2 Whether the family of Oriedo Agumba, who did not previously benefit from the deceased's property, should receive a larger share of the remaining estate.
- 3 What is the fair and just mode of distribution of LR. KISUMU/KADONGO/543.
Ratio Decidendi
The court found that the deceased had, during his lifetime, settled most of his property on certain family members, leaving only LR. KISUMU/KADONGO/543 as free property for distribution. Since the family of Oriedo Agumba had not previously benefited from the deceased's property, it would be unjust to distribute the remaining estate equally among all branches. The court accepted the 2nd Administrator's proposal as fair and just, awarding the majority share to the family of Oriedo Agumba and a smaller share to Domtillah Akumu Okore, whose husband was the deceased's last born son. This approach ensures equitable treatment in light of previous distributions and upholds the principles of...
Court Disposition
Estate distributed as per 2nd Administrator's proposal.
Orders
- LR. KISUMU/KADONGO/543 shall be apportioned as follows: 3.0 Ha to Samson Otieno Adorn and Jacob Agumba (sons of Oriedo Agumba) in equal shares; 0.2 Ha to Domtillah Akumu Okore (wife of Joseph Okore Agumba).
Full Case Text
Judgment text and source record
45 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
(CORAM: CHERERE-J)
SUCCESSION CAUSE NO. 950 OF 2014
IN THE MATTER OF THE ESTATE OF AGUMBA AWINDA(DECEASED)
BETWEEN
DOMTILLAH AKUMU OKORE............1ST ADMINISTRATOR
AND
SAMSON OTIENO ADORN................…2ND ADMINISTRATOR
RULING
1. The deceased’s family comprised Rebeca Adero (wife- deceased) and four children
a) Bodo Agumba
son - deceased
b) Oriedo Agumba c) Keziah Agumba
son - deceased (2ndadministrator’s father) Daughter - deceased
d) Joseph Okore Agumba son -deceased (1stadministrator’s husband)
2. The 1st Administrator on 08. 11. 17 filed an affidavit sworn on6. 11. 17 proposing that the deceased’s estate be distributed as follow: -
1. Samson Otieno Adorn s/o Oriedo Agumba - 1. 09 Ha
2. Penina Adega daughter in law to Bodo Agumba - 0. 95 Ha
3. Domtillah Akumu Okore w/o Joseph Okore Agumba - 0. 97 Ha
3. The 2nd administrator on the other hand proposed that thedeceased’s estate be distributed as follows: -
1. Samson Otieno Adorn s/o Oriedo Agumba - 3. 0 Ha
2. Domtillah Akumu Okore w/o Joseph Okore Agumba - 0. 2 Ha
4. When it became apparent that the parties could not agree on the mode of distribution, this court by an order dated 21. 11. 19, referred this matter to a Court Annexed Mediator and still the parties did not agree.
5. This ruling is therefore for the sole purpose of distribution of thedeceased’s estate.
6. It is on record that the deceased had during lifetime settled most of his property as follows.
1)L.R. NO. Kisumu/Kadongo 178, 265, 280, 489, 499, 518, 537 and 538 to his son Joseph Okore Agumba
2) L.R. NO. Kisumu/Kadongo 511, 544 and 558 to his grandson Juma Bodo
3) L.R. NO. Kisumu/Kadongo 540 and 545 to his grandson Joseph Adega
4) L.R. NO. Kisumu/Kadongo 553 to his grandson Okulo Bodo
7. The deceased died intestate and his free property that is subject of this succession in terms of Section 34 of the Law of Succession Act Cap160 Laws of Kenya(the Act)isLR. KISUMU/KADONGO/543.
8. There is evidence that the deceased did not settle any of his property to his son Oriedo Agumba (2nd administrator’s father). It would therefore not be in the interest of justice to distribute the estate intothree equal shares for the reason that the family of Oriedo Agumba will be disadvantaged.
9. I have considered the proposal that has been made by the 2ndAdministrator and I find that it is fair and just for the reason that it takes care of the interest of the 1stadministrator whose husband was thedeceased’s last born son.
10. Consequently, it is hereby orderedTHAT:
a) LR. KISUMU/KADONGO/543 shall be apportioned as follows:
i. 3. 0 Ha to Samson Otieno Adorn and Jacob Agumba the sons of s/o Oriedo Agumba in equal shares
ii. 0. 2 Ha to Domtillah Akumu Okore w/o Joseph Okore Agumba
DATED AT KISUMU THIS 01st DAY OF October 2020
T. W. CHERERE
JUDGE
Court assistant - Ms. Amondi
For 1stAdministrator - Ms. Awuor hb for Mr. Sala for Sala& Mudany &Co.Advocates
For 2ndAdministrator- Mr. Olel for Olel,Onyango, Ingutiah & Co. Adv
Order
This ruling has been delivered to the parties by electronic mail due to measures restricting court operations due to the COVID-19 pandemic.