[2020] KEHC 7193 (KLR)
The court determined that neither party's proposal for distribution of the estate was acceptable as presented. The objector's proposal was found to be outrageous and inequitable, while the petitioner's proposal lacked sufficient detail regarding the acreage of the properties. Given the polygamous status of the...
Source-derived case information.
- Citation
- [2020] KEHC 7193 (KLR)
- Parties
- Respondent: Richard Rich Ichani; Applicant: Redempta Imujaro
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 1 of 2014
- Procedural Posture
- Probate and Administration / Ruling on Confirmation of Grant and Distribution of Estate
- Outcome
- Administrator ordered to value commercial properties and file a proposed distribution in accordance with section 40 of the Law of Succession Act within six months; failure to comply will result in automatic revocation of the grant; each party to bear own costs.
- Judges
- KW Kiarie
- Legal Topics
- Succession, Intestate Estate Distribution, Polygamous Estate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Rich Ichani
Respondent
Redempta Imujaro
Applicant
Procedural Posture
Probate and Administration / Ruling on Confirmation of Grant and Distribution of Estate
Legal Issues
- 1 Whether the estate of Charles Etyang Ichani should be distributed according to the proposals of the petitioner or the objector.
- 2 Whether the distribution should comply with section 40 of the Law of Succession Act given the polygamous nature of the deceased's family.
- 3 Whether the administrator should be compelled to value commercial properties and ascertain acreage before distribution.
Ratio Decidendi
The court determined that neither party's proposal for distribution of the estate was acceptable as presented. The objector's proposal was found to be outrageous and inequitable, while the petitioner's proposal lacked sufficient detail regarding the acreage of the properties. Given the polygamous status of the deceased, the court held that section 40 of the Law of Succession Act governs the distribution, requiring division among the houses based on the number of children and surviving wives. The court ordered the administrator to value the commercial properties and ascertain the acreage of all relevant parcels before filing a proposed distribution in compliance with the statutory...
Court Disposition
Administrator ordered to value commercial properties and file a proposed distribution in accordance with section 40 of the Law of Succession Act within six months; failure to comply will result in automatic revocation of the grant; each party to bear own costs.
Orders
- Administrator to value commercial properties within six months.
- Administrator to file a proposed distribution in accordance with section 40 of the Law of Succession Act.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
PROBATE & ADMINSTRATION NO.1 OF 2014
IN THE MATTER OF THE ESTATE OF:
CHARLES ETYANG ICHANI .....................................................................DECEASED
BETWEEN
RICHARD RICH ICHANI...........................................PETITIONER/ RESPONDENT
AND
REDEMPTA IMUJARO ...................................................OBJECTOR/ APPLICANT
RULING
1. There are two competing proposals for distribution of the estate of Charles Etyang Ichani, the deceased herein which the parties are urging to be confirmed.
2. Richard Rich Ichani is the petitioner herein. His proposal though appearing reasonable, it has several land parcels whose acreage has not been indicated. It also emerged during the hearing that the same has not been determined.
3. The proposal of Redempta Imujaro the objector herein is on the face of it outrageous. She is seeking to be given the entire land parcel number SOUTH TESO/APOKOR/1210 measuring 6. 63 hectares (16. 38 acres). She also proposes to be given land parcel number SOUTH TESO/APOKOR/680 measuring 0. 05 hectares (0. 12 acres).
4. In view of the uncompromising stance by the parties, I am inclined to order that the distribution of the estate be in accordance with the provisions of the law of Succession Act. This will be after the ascertainment of the area of some of the properties and valuation of the commercial properties.
5. The deceased was polygamous and the law applicable is under section 40 of the Law of Succession Act which provides:
(1) Where an intestate has married more than once under any system of law permitting polygamy, his personal and household effects and the residue of the net intestate estate shall, in the first instance, be divided among the houses according to the number of children in each house, but also adding any wife surviving him as an additional unit to the number of children.
(2) The distribution of the personal and household effects and the residue of the net intestate estate within each house shall then be in accordance with the rules set out in sections 35 to 38.
6. The administrator herein is given six months within which to cause the commercial properties to be valued and file a proposed distribution in accordance with section 40 of the Law of Succession Act. Failure to do so, the grant herein shall automatically be revoked unless he has sought from the court extension of time. Each party will bear own costs.
DELIVEREDandSIGNEDatBUSIAthis 11thday of March, 2020
KIARIE WAWERU KIARIE
JUDGE