[2019] KEHC 3572 (KLR)
The court found that the applicant, being an adult and a beneficiary of the estate, is entitled to his share of the land. However, the share due to each beneficiary is 0.8 acres, not 1 acre as claimed by the applicant, based on the total acreage of the estate and the number of beneficiaries. The court ordered that...
Source-derived case information.
- Citation
- [2019] KEHC 3572 (KLR)
- Parties
- Applicant: Martin Wakhungu; Respondent: Fridah Naliaka Wakhungu; Respondent: Getrude Nasike Wakhungu
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 286 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Distribution of Estate
- Outcome
- Application allowed in part; applicant awarded 0.8 acres, not 1 acre.
- Judges
- HK Chemitei
- Legal Topics
- Succession of Estates, Distribution of Land, Beneficiary Entitlements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Wakhungu
Applicant
Fridah Naliaka Wakhungu
Respondent
Getrude Nasike Wakhungu
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Distribution of Estate
Legal Issues
- 1 Whether the applicant, as a beneficiary, is entitled to a specific portion of the deceased's estate.
- 2 Whether the applicant should receive 1 acre or 0.8 acres as his share of the estate.
Ratio Decidendi
The court found that the applicant, being an adult and a beneficiary of the estate, is entitled to his share of the land. However, the share due to each beneficiary is 0.8 acres, not 1 acre as claimed by the applicant, based on the total acreage of the estate and the number of beneficiaries. The court ordered that 0.8 acres be hived out of the estate and transferred to the applicant, with the remainder to remain in the names of the administrators for the benefit of the other beneficiaries. The applicant is to bear the costs of the subdivision and transfer.
Court Disposition
Application allowed in part; applicant awarded 0.8 acres, not 1 acre.
Orders
- 0.8 acres to be hived out of Trans Nzoia/Mito Mbili/63 and transferred to Martin Wakhungu.
- The remainder of the land to remain in the names of the administrators, Fridah Naliaka Wakhungu and Getrude Nasike Wakhungu.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITALE
SUCCESSION CAUSE NO. 286 OF 2014
IN THE MATTER OF THE ESTATE OF ERNEST WAKHUNGO MAKHANU (DECEASED)
MARTIN WAKHUNGU.....................................................................APPLICANT
AND
FRIDAH NALIAKA WAKHUNGU............1ST PETITIONER/RESPONDENT
GETRUDE NASIKE WAKHUNGO..........2ND PETITIONER/RESPONDENT
RULING
1. The applicant herein Martin Wakhungu is a beneficiary to the estate of the late Ernest Wakhungo Makhanu, the deceased herein. The Respondents are the Administrators of the said estate.
2. The deceased left beind Land parcel No. Trans Nzoia/Mito Mbili/63measuring 5. 4 Ha or thereabouts. The grant was confirmed on 27th October 2016 and the two Administrators who are the deceased widows are to hold the land in trust for the beneficiaries.
3. In his application dated 26th January 2018, the Applicant prays that he be given his portion as he was now an adult and that all along he has never utilised the land. According to him he is entitled to 1 acre out of the land.
4. By their replying affidavit which was endorsed by the rest of the beneficiaries the Administrators are not opposed to his application save that the portion due to each beneficiary would be 0. 8 acres and not 1 acre as claimed by the Applicant. That the land measures 13. 5 acres in total.
5. In view of the fact that the Applicant is an adult and is a beneficiary to the estate, it is hereby ordered that0. 8 acres be hived out of Trans Nzoia/Mito Mbili/63 and transferred to the Applicant Martin Wakhungu.
6. The remainder of the portion as prayed by the beneficiaries shall remain in the names of the Administrators, namely Fridah Naliaka Wakhungu and Getruder Nasike Wakhungo.
7. The Applicant shall meet the costs of exercising or hiving the 0. 8 acres and subsequent transmission to his name.
8. Costs in the cause.
Delivered, signed and dated at Kitale this 3rd day of April 2019.
H.K. CHEMITEI
JUDGE
3/04/19
In the presence of;
Munialo for the Petitioners
Barongo for Kigen
Martin Wakhungu – Applicant present
Court Assistant – Kirong
Judgment read in open court.