[2020] KEHC 1912 (KLR)

[2020] KEHC 1912 (KLR)

The court held that the administrators complied with the Law of Succession Act by ensuring equal distribution of the deceased's estate among all children, including daughters, and by treating each spouse's household as a unit for the purposes of distributing the livestock. The court found no compelling reason to...

Source-derived case information.

Citation
[2020] KEHC 1912 (KLR)
Parties
Applicant: Elizabeth Tsuma Jeremiah et al.; Respondent: Objector (name not specified)
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Case Number
Succession Cause 137 of 2015
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Distribution of Estate
Outcome
Grant of letters of administration confirmed; estate distributed as per consents with court-ordered variation on livestock; no order as to costs.
Judges
DB Nyakundi
Legal Topics
Intestate Succession, Distribution of Estate, Confirmation of Grant, Administration of Estates
Source Language
en
Family and Children Civil Procedure Intestate Succession Distribution of Estate Confirmation of Grant Administration of Estates

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Parties

Elizabeth Tsuma Jeremiah et al.

Applicant

Objector (name not specified)

Respondent

Procedural Posture

Succession Cause / Ruling on Confirmation of Grant and Distribution of Estate

  1. 1 Whether the grant of letters of administration intestate should be confirmed and the estate distributed as proposed by the administrators.
  2. 2 How the deceased's livestock (movable assets) should be distributed among the beneficiaries given the lack of consensus.
  3. 3 Whether the proposed mode of distribution complies with the Law of Succession Act, particularly regarding equality among children and inclusion of spouses.

Ratio Decidendi

The court held that the administrators complied with the Law of Succession Act by ensuring equal distribution of the deceased's estate among all children, including daughters, and by treating each spouse's household as a unit for the purposes of distributing the livestock. The court found no compelling reason to interfere with the proposed mode of distribution for immovable and other movable assets, as it was supported by the majority of beneficiaries and was in line with statutory requirements. However, due to the lack of consensus on the distribution of livestock, the court exercised its discretion under Section 40 of the Law of Succession Act to order that the 25 heads of cattle be...

Court Disposition

Grant of letters of administration confirmed; estate distributed as per consents with court-ordered variation on livestock; no order as to costs.

Orders

  • The grant of letters of administration intestate issued on 17.3.2017 is confirmed.
  • The estate is to be distributed as per the annexed consent on mode of distribution, with the variation that the 25 heads of cattle are to be divided equally among the six surviving spouses (four cows each), and the remaining cow to be sold and proceeds shared equally among the spouses.