[2022] KEHC 11684 (KLR)
The court found that the proposed distribution of the estate, as set out in the applicant's affidavit, was consistent with section 38 of the Law of Succession Act, which requires equal division among surviving children in cases of intestacy without a surviving spouse. The court noted that the respondents did not...
Source-derived case information.
- Citation
- [2022] KEHC 11684 (KLR)
- Parties
- Applicant: Joshua Rono; Respondent: David Rono; Respondent: Wilson Rono; Respondent: Daniel Rono
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 109 of 2000
- Procedural Posture
- Probate and Administration / Ruling on Distribution of Estate
- Outcome
- Distribution of the estate allowed as proposed by the applicant.
- Judges
- RN Nyakundi
- Legal Topics
- Succession, Intestate Distribution, Estate Administration, Equal Sharing Among Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Joshua Rono
Applicant
David Rono
Respondent
Wilson Rono
Respondent
Daniel Rono
Respondent
Procedural Posture
Probate and Administration / Ruling on Distribution of Estate
Legal Issues
- 1 Whether the proposed distribution of the deceased's estate complies with the Law of Succession Act, particularly section 38.
- 2 Whether the applicant's claim to an additional share for repaying a loan on behalf of another beneficiary is justified.
Ratio Decidendi
The court found that the proposed distribution of the estate, as set out in the applicant's affidavit, was consistent with section 38 of the Law of Succession Act, which requires equal division among surviving children in cases of intestacy without a surviving spouse. The court noted that the respondents did not oppose the proposal and that the applicant's claim to an additional share was supported by evidence that he had repaid a loan on behalf of another beneficiary, and that the deceased had intended to allocate him extra land. The court therefore approved the distribution as proposed.
Court Disposition
Distribution of the estate allowed as proposed by the applicant.
Orders
- The estate of Elizabeth Cherosho (deceased) shall be distributed in accordance with the affidavit of distribution dated December 7, 2021.
Full Case Text
Judgment text and source record
37 paragraphs
In re Estate of Elizabeth Cherosho (Deceased) (Probate & Administration 109 of 2000) [2022] KEHC 11684 (KLR) (29 July 2022) (Ruling)
Neutral citation: [2022] KEHC 11684 (KLR)
Republic of Kenya
In the High Court at Eldoret
Probate & Administration 109 of 2000
RN Nyakundi, J
July 29, 2022
IN THE MATTER OF THE ESTATE OF ELIZABETH CHEROSHO (DECEASED)
Between
Joshua Rono
Applicant
and
David Rono
1st Respondent
Wilson Rono
2nd Respondent
Daniel Rono
3rd Respondent
Ruling
1. What is pending before this court is the distribution of the estate of the deceased. The applicant herein was granted letters of administration intestate which were issued by this court on October 29, 2019.
2. The deceased is survived by 4 children; Daniel Rono
Joshua Rono
David Rono
Wilson Rono
3. In the affidavit for proposed distribution if the estate, the applicant herein proposed the estate be distributed as follows;a.Land Parcel No. Kericho/litein63 measuring 23. 6 acres to be shared out as follows; Daniel Rono to get 3. 9 acres
Joshua Rono to get 7. 9 acres
David Rono to get 5. 9 acres
Wilson Rono to get 5. 9 acresb.Poshomill at Kiplopkyi to be given to David Rono whollyc.Commercial centre plot at Subukia to be shared equally between David Rono and Daniel Rono.d.Samuget Commercial Centre plot to be given to Wilson Rono wholly.e.Commercial plot at Nakuru RVTI to be shared equally between David Rono and Joshua Rono.f.Shares at Litein Women Group to be given to Joshua Rono wholly.g.The plot at Litein be given to Wilson Rono wholly.h.Land Parcel No Ainabmoi/kerichomeasuring 4 acres be shared out as follows; Daniel Rono to get 1 acre
Joshua Rono to get 1 acre
David Rono to get 1 acre
Wilson Rono to get 1 acrei.Joshua Rono to get 7. 9 acres of Kericho/litein63 because he is entitled to 2 acres out of the share of Daniel Rono’s because he repaid the loan on his behalf.
4. The applicant deposed that of his own knowledge the deceased had commenced sub division with a view of giving Joshua Rono 2 acres of land but the father passed away before the process was completed.
5. I note that this matter had been referred to mediation, the outcome of which the parties had rejected the proposed mode of distribution as at March 17, 2021.
6. Section 38 of the Law of Succession Cause provides;Where an intestate has left a surviving child or children but no spouse, the net intestate estate shall, subject to the provisions of sections 41 and 42, devolve upon the surviving child, if there be only one, or shall be equally divided among the surviving children.
7. I have had an opportunity to compare the distribution as suggested and it is my view that it is in tandem with the provisions of section 38 of the Law of Succession Act. The mode of distribution is not opposed by the respondents.
8. In the premises I allow the distribution as proposed in the affidavit of distribution dated December 7, 2021.
DATED, SIGNED AND DELIVERED VIA EMAIL AT ELDORET THIS 29TH DAY OF JULY, 2022. ............................R. NYAKUNDIJUDGE