[2023] KEHC 23005 (KLR)
The court determined that it could not proceed to confirm the grant due to insufficient information regarding the full list of survivors and the complete inventory of the deceased's assets. The judge emphasized the necessity of having all material facts, including a comprehensive list of beneficiaries clustered by...
Source-derived case information.
- Citation
- [2023] KEHC 23005 (KLR)
- Parties
- Applicant: Mwanamisi Mwalo Ramadhan; Respondent: Fatuma Anyangi Osundwa
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 547 of 2010
- Procedural Posture
- Succession Cause / Ruling on Application for Confirmation of Grant With Protest
- Outcome
- Judgment held in abeyance pending filing of further affidavits by the parties.
- Judges
- SC Chirchir
- Legal Topics
- Confirmation of Grant, Administration of Estate, Polygamous Estate, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwanamisi Mwalo Ramadhan
Applicant
Fatuma Anyangi Osundwa
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Confirmation of Grant With Protest
Legal Issues
- 1 Whether the application for confirmation of grant can be determined in the absence of complete information regarding the deceased's survivors and assets.
- 2 Whether all necessary materials have been availed to enable the court to conclusively determine the administration of the estate.
Ratio Decidendi
The court determined that it could not proceed to confirm the grant due to insufficient information regarding the full list of survivors and the complete inventory of the deceased's assets. The judge emphasized the necessity of having all material facts, including a comprehensive list of beneficiaries clustered by houses and supporting documentation for all properties, to ensure a fair and conclusive determination of the administration of the estate. The court held that both the administrator and the applicant must file further affidavits providing the required information within 30 days, after which the matter would proceed to judgment.
Court Disposition
Judgment held in abeyance pending filing of further affidavits by the parties.
Orders
- Both the administrator and the applicant to file further affidavits providing an exhaustive list of the deceased's survivors, clustered by houses, including sons, daughters, and children of deceased survivors.
- All properties of the deceased to be listed with supporting documents such as search certificates, title deeds, or grants, including titles arising from the subdivision of South/Wanga/Lureko/400.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Asman Ndaliro Wamukoya (Deceased) (Succession Cause 547 of 2010) [2023] KEHC 23005 (KLR) (29 September 2023) (Ruling)
Neutral citation: [2023] KEHC 23005 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Cause 547 of 2010
SC Chirchir, J
September 29, 2023
IN THE MATTER OF THE ESTATE OF ASMAN NDALIRO WAMUKOYA (DECEASED)
Between
Mwanamisi Mwalo Ramadhan
Applicant
and
Fatuma Anyangi Osundwa
Respondent
Ruling
1. What is before this court is an Application for confirmation of Grant dated May 30, 2012. The Application attracted a protest by one of the beneficiaries of the Estate, namely, Mwanamisi Mwalo Ramadhan (the objector ).
2. I have Perused the record and observed that some material facts are not available for purposes of writing Judgment. This being an Application for confirmation of Grant, and bearing in mind the need to exhaust all issues relating to the Estate, the need to avoid multiple Applications, further bearing in mind the age of the case, it is necessary that the parties herein avail all materials necessary to enable the court to conclusively determine all the issues appertaining to the Administration of the Estate.
3. I have also taken note of the fact that, primafacie, the Deceased was a polygamist.
4. Consequently, the judgement is held in abeyance and both the Administrator and the Applicant are directed to file further Affidavits for purposes of the following:a).To provide an exhaustive list of the survivors of the deceased, clustered as per the “houses”. The list should cover both the sons and daughters, including those who have since died, if any. For the Deceased survivors, the list of their children to be provided.b).All the properties of the deceased accompanied by supporting documents in form of search certificates or copies of certificates of Title or Title Deeds, Grants, as the case may be. It should include the Titles arising from the sub-division of South/ wanga / Lureko/ 400. c).The above documents to be filed within the next 30 days from the date of this ruling.
DATED, SIGNED AND DELIVERED IN AN OPEN COURT THIS 29TH DAY OF SEPTEMBER 2023. S.CHIRCHIR,JUDGEIn the presence of:E. Zalo- Court Assisstant.