[2024] KEHC 10550 (KLR)
The court declined to confirm the grant due to insufficient disclosure regarding the number and particulars of the deceased's children and the full inventory of estate assets. The judge found material inconsistencies in the affidavits and oral testimonies concerning both the beneficiaries and the properties in...
Source-derived case information.
- Citation
- [2024] KEHC 10550 (KLR)
- Parties
- Applicant: Saina Muranda Kong’Ani; Respondent: Gertrude Maloba Kong'ani; Respondent: Consolota Shibwabo; Respondent: Fatuma Maloba Kong’ani
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 7B of 2018
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant and Protest
- Outcome
- Confirmation of grant deferred pending further disclosure.
- Judges
- SC Chirchir
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate, Disclosure of Beneficiaries, Inventory of Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Saina Muranda Kong’Ani
Applicant
Gertrude Maloba Kong'ani
Respondent
Consolota Shibwabo
Respondent
Fatuma Maloba Kong’ani
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Protest
Legal Issues
- 1 Whether the confirmation of grant can proceed in the absence of full disclosure of all beneficiaries and assets of the deceased estate.
- 2 Whether the proposed mode of distribution is fair and in accordance with the law given the disputes on the number of children and asset allocation.
- 3 Whether each family should settle on the land parcels previously allocated by the deceased.
Ratio Decidendi
The court declined to confirm the grant due to insufficient disclosure regarding the number and particulars of the deceased's children and the full inventory of estate assets. The judge found material inconsistencies in the affidavits and oral testimonies concerning both the beneficiaries and the properties in question. The court held that confirmation of grant cannot proceed until all relevant information is provided, including a categorised list of children by house, particulars of all land parcels occupied by the widows, and supporting documentation. The court directed the parties to file further affidavits to address these gaps, emphasizing that compliance with statutory requirements...
Court Disposition
Confirmation of grant deferred pending further disclosure.
Orders
- The Petitioner to disclose particulars of all land parcels she occupies, including proprietorship details.
- Consolata Shibwabo Kong’ani to provide particulars and official search certificate for the land parcel she occupies in Ejinja.
Full Case Text
Judgment text and source record
29 paragraphs
In re Estate of Ali Kong’ani Kweyu alias Ali Kong’ani Kweyo alias Kong’ani Kweyu (Deceased) (Succession Cause 7B of 2018) [2024] KEHC 10550 (KLR) (26 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10550 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Cause 7B of 2018
SC Chirchir, J
August 26, 2024
IN THE MATTER OF THE ESTATE OF ALI KONGANI KWEYU alias ALI KONGANI KWEYO alias KONG’ANI KWEYU (DECEASED)
Between
Saina Muranda Kong’Ani
Petitioner
and
Gertrude Maloba Kong'ani
1st Respondent
Consolota Shibwabo
2nd Respondent
and
fatuma Maloba Kong’ani
Protestor
Ruling
1. These proceedings relate to the Estate of Ali Kong’ani Kweyu (Deceased). The contestants herein are widows of the Estate and are all Administrators of his Estate.
2. Through the summons dated 23/12/2019, Saina Muranda Kong’ani (Petitioner) filed summons for Confirmation of Grant. the Petitioner listed the propertiIn the Affidavit in support of the summons she listed the following Estate Assets as:i.South Teso/Amukwa/3030ii.Bukhayo/Kisoko/3041iii.N/Wanya/Matungu/2496iv.N/Wanya/Matungu/2407v.Money in Cooperative Bankvi.Motor vehicle Registration No. KND104 - Pick-up
3. She further listed 28 children as belonging to the deceased. She further proposed that the assets be shared equally between the deceased’s children.
4. The Summons attracted a protest by Fatuma Maloba Kong’ani (The Protester) . In her Affidavit of protest, the she states that she was not aware of the filing of the Summons for Confirmation of Grant. She further stated that she had 6 children with the deceased and was also taking care of the deceased’s five other children born out of a previous marriage; that in the year 2000, the deceased settled his wives in various parcels. She proposes that each family therefore should settle in the land that the deceased had allocated to them.
5. I have perused the various affidavits and the oral testimonies of the witnesses. I have noted that the Petitioner admits that she and her children reside in 2 parcels of land. The parcels are Titie No. Bukhayo/Kisoko/3041 and another unnamed one. The protester has also informed the court that the 4th wife, one Consolata Shibwabo Kong’ani resides in Ejinja in an unidentified land parcel measuring about 9 acres. The parcel number of this land is however not disclosed.
6. It is not also clear as to how many children the deceased had. whereas the Petitioner listed 28 children while in her oral testimony, she told the court that she did not know how the number of the deceased’s children. Her witness (DW2) stated that the deceased had 25 children. Further, whereas the Petitioner and DW2 told the court that the 4th wife had no children, the Protester told the court she had 4 children.
7. Consequently, I decline to consider the confirmation of grant at this point, until the full disclosures are made in respect to the children of the deceased and all their particulars as well as an inventory of the assets as aforesaid.
8. I hereby make the following directions:a).The Petitioner to make a full disclosure of the land parcel she currently occupies apart from Bukhayo/Kisoko/3041. Such disclosure to include particulars of proprietorship.b).Consolata Shibwabo Kong’ani to provide the particulars of the land parcel she occupies in Ejinja. The disclosure to be accompanied by a certificate of official search in respect of the said property.c).The Petitioner and Protester to make full disclosure of the children of the deceased categorised into houses. If any of the dependants is deceased, it should be stated whether such a child/child left behind any children.d).The parties to the file further Affidavit for purposes of the above discloses.e).Compliance is within 30 days from the date of this Ruling.f).This matter will be mentioned on a date to be stated at the time of the delivery of this Ruling to confirm compliance with above directions.
DATED, SIGNED AND DELIVERED AT NAIROBI, VIA MICROSOFT TEAMS THIS 26TH DAY OF AUGUST 2024. S.CHIRCHIRJUDGEIn the presence ofGodwin- Court AssistantNo appearance by the parties.