[2021] KEHC 9673 (KLR)
The court declined to confirm the grant due to material discrepancies and omissions in the list of beneficiaries and the proposed distribution of the estate. The administrator failed to provide full and frank disclosure, particularly regarding the identities and status of certain individuals, and omitted at least...
Source-derived case information.
- Citation
- [2021] KEHC 9673 (KLR)
- Parties
- Applicant: Estone Kalemela Dingli; Respondent: Hezekiah Kyadiva Chadiva; Respondent: James Abwunza Dingli; Respondent: Selina Kanguha; Respondent: Bernard Stanley Ochinjo; Respondent: Kenrick Lihasi; Respondent: Ruth Imari Abwonza; Respondent: Ledesi Mmboga Chadiva
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 89 of 1989
- Procedural Posture
- Succession Cause / Ruling on Application for Confirmation of Grant
- Outcome
- Application for confirmation of grant not allowed; further directions issued.
- Judges
- BA Mitullah
- Legal Topics
- Confirmation of Grant, Identification of Beneficiaries, Distribution of Estate, Succession Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Estone Kalemela Dingli
Applicant
Hezekiah Kyadiva Chadiva
Respondent
James Abwunza Dingli
Respondent
Selina Kanguha
Respondent
Bernard Stanley Ochinjo
Respondent
Kenrick Lihasi
Respondent
Ruth Imari Abwonza
Respondent
Ledesi Mmboga Chadiva
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Confirmation of Grant
Legal Issues
- 1 Whether the application for confirmation of grant can be allowed given the discrepancies in the list of beneficiaries and the intended distribution of the estate.
- 2 Whether the administrator has provided full and frank disclosure to the court regarding the beneficiaries and assets of the estate.
- 3 Whether the court can confirm the grant in the absence of verification of the identities and agreement of all beneficiaries.
Ratio Decidendi
The court declined to confirm the grant due to material discrepancies and omissions in the list of beneficiaries and the proposed distribution of the estate. The administrator failed to provide full and frank disclosure, particularly regarding the identities and status of certain individuals, and omitted at least one known beneficiary. The court found that the evidence before it was insufficient to confirm the grant and ordered that all surviving members attend court to verify their identities and agreement to the distribution. The administrator was given a final opportunity to comply, failing which the court would consider revoking the grant. The court emphasized the need for...
Court Disposition
Application for confirmation of grant not allowed; further directions issued.
Orders
- All surviving members of the deceased's family shall attend court to signify their agreement to the distribution and verify the identities of the beneficiaries.
- The administrator is given one final opportunity to provide full disclosure; failure to do so may result in revocation of the grant.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
SUCCESSION CAUSE89 Of 1989
IN THE MATTER OF THE ESTATE OFDINGLI KIDANYA(Deceased)
B E T W E E N:
ESTONE KALEME.................................................................................Petitioner/ Applicant
and
The Estate of HEZEKIAH KYADIVA/LEDESI MMBOGA CHADIVA
The Estate of JAMES ABWUNZA DINGLI/RUTH IMARI ABWONZA
The Estate of SELINA KANGUHA/BERNARD STANLEY OCHINJO
KENDRICK LIHASI..............................................................................................Beneficiaries
RULING
1. The Court has before it an application for the Confirmation of Grant for the Estate of Kingili Kidanya. Dingli Kidanya passed away on 8th December 1982 aged 69 years. He was a farmer. He was survived by the following offspring:
(1) Estone Kalemela Dingli (Son)
(2) Hezekiah Kyadiva Chadiva (Son)
(3) James Abwunza Dingli (Son)
(4) Selina Kanguha
It is said there was also a grandson called Bernard Stanley Ochingo.
2. At the time of his death the Deceased owned two parcels of land namely, Kakamega/Lugova/451 (0. 8ha) and Kakamega/Lugovo/460 (1. 4 ha). Although the Schedule of Assets appears to be omitted, the Official Searches for those properties confirm that ownership. The Administrator was appointed pursuant to the grant of Letters of Administration issued on 13th July 1989. Shortly thereafter, the Administrator transferred at least one of those properties into his own name.
3. The Administrator filed a Summons for Confirmation of grant on 28th May 2019. He lists that the Deceased was survived by the following family members:
(a) Estone Kalemela Dingili
(b) Hezekiah Kyadiva
(c) James Abwunza Dingli
(d) Bernard Stanley Ochinjo
(e) Kenrick Lihasi
That List omits the daughter of the Deceased Salina Kanguha. It also omits any spouses that may have been alive at the time of the death.
4. At paragraph 8 of the Supporting Affidavit the Administrator sets out the intended distribution. He names two new person, Ruth Imari Abwonza who is the widow of James and Ledesi Mmboga Chadiva who is the widow of Hezekiah. He names Kenrick Lihasi as the grandson and Bernard Stanley Ojinjo as a son. When the matter came before Justice Njagi on 19th October 2020 he directed that the Administrator file a letter from the Chief verifying who are the heirs/dependants/beneficiaries of the Estate. That Letter is dated 11th November 2019 and is incorrectly address to the Magistrate. The Letter is signed by the Assistant Chief Chango Sub-Location. Rather than providing the verification required, that Letter purports to direct the Court on the correct distribution of the Estate.
5. It is noteable that the Letter defines two individual differently from the Summons. Firstly, Bernard is described as a grandson – not a son and secondly, Kenrick Lihasi is described as a BUYER not a grandson as alleged. It is not explained from whom the portion of land was purchased. Those omissions and discrepancies are significant. When the matter came before the Court the Administrator informed the Court that Selina passed away in 1996. Also the Deceased is now said to be called Philip Dingili Kidanya, yet the name Philip was not included in the death certificate or any documents filed. There was some prevarication as to the identity of “Philip”.
6. In the circumstances, this Court is not in a position to confirm the grant on the information currently before it. Rather than dismiss the Application, it is ordered that every surviving member shall attend Court to signify their agreement to the distribution and the verify the identities of the beneficiaries.
7. Further, in the circumstances, this Court is not satisfied that the Administrator is not being fully frank with the Court. He will be afforded one final chance after which this Court will consider revoking the Grant.
Order accordingly,
FARAH S. M. AMIN
JUDGE
SIGNED DATED AND DELIVERED atKAKAMEGAon this the20th day of January 2021
In the Presence of:
Court Assistant: Fred Owegi
Applicant: Estone Kidanya and Bernard Stanley Otichillo in person