[2024] KEHC 2986 (KLR)
The court held that Bukhayo/Nasewa/24, being ancestral land, was properly to be distributed equally among the estates of the three brothers, as the deceased held the land both for himself and in trust for his siblings. The one-third share due to the deceased was to be divided equally among his widow and thirteen...
Source-derived case information.
- Citation
- [2024] KEHC 2986 (KLR)
- Parties
- Applicant: Alfred Makokha Pamba; Applicant: Africanus Wabwire Nang’oni; Applicant: Francis Kaunda Ongoro
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 191 of 2015
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant
- Outcome
- application for confirmation of grant allowed; grant confirmed
- Judges
- WM Musyoka
- Legal Topics
- Succession of Ancestral Land, Distribution of Estate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfred Makokha Pamba
Applicant
Africanus Wabwire Nang’oni
Applicant
Francis Kaunda Ongoro
Applicant
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant
Legal Issues
- 1 Whether Bukhayo/Nasewa/24, as ancestral land, should be distributed equally among the estates of the three brothers.
- 2 How the share due to the deceased should be distributed among his widow and children.
- 3 Whether the proposed mode of distribution aligns with the Law of Succession Act.
Ratio Decidendi
The court held that Bukhayo/Nasewa/24, being ancestral land, was properly to be distributed equally among the estates of the three brothers, as the deceased held the land both for himself and in trust for his siblings. The one-third share due to the deceased was to be divided equally among his widow and thirteen children, in accordance with Sections 35 and 38 of the Law of Succession Act. The court found that the proposed distribution was just and in line with statutory requirements, even though the widow's life interest was replaced with a defined share, as all beneficiaries were in agreement. The shares due to the other two brothers' estates would devolve to their respective succession...
Court Disposition
application for confirmation of grant allowed; grant confirmed
Orders
- The application dated 1st November 2023 is allowed and the grant dated 4th July 2023 is confirmed.
- Bukhayo/Nasewa/24 shall be shared equally between the estates of the deceased, Nang’oni Odulwa, and Ongoro Odulwa.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Francis Pamba Odulwa (Deceased) (Succession Cause 191 of 2015) [2024] KEHC 2986 (KLR) (22 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2986 (KLR)
Republic of Kenya
In the High Court at Busia
Succession Cause 191 of 2015
WM Musyoka, J
March 22, 2024
IN THE MATTER OF THE ESTATE OF FRANCIS PAMBA ODULWA (DECEASED)
Ruling
1. This matter relates to the estate of Francis Pamba Odulwa, deceased. He was survived by a widow, 10 sons and 3 daughters. He died possessed of Bukhayo/Nasewa/24.
2. There is consensus that Bukhayo/Nasewa /24 was ancestral land, and that the deceased was registered as proprietor thereof, on his own behalf and holding in trust for his siblings, Nang’oni Odulwa and Ongoro Odulwa. The initial administrator was Alfred Makokha Pamba, appointed on 28th July 2016, and holding a grant dated 30th August 2016. Subsequently, Africanus Wabwire Nang’oni and Francis Kaunda Ongoro were brought on board, and made joint administrators with Alfred Makokha Pamba, on 20th June 2023, and a grant was issued to them dated 4th July 2023. They came in to represent the interests of the estates of Nang’oni Odulwa and Ongoro Odulwa.
3. The summons for confirmation of grant, dated 1st November 2023, seeks to meet 2 objectives. One, to distribute the ancestral land as between the estates of the 3 brothers or siblings, and two, to distribute the estate of the deceased herein, amongst his widow and children.
4. As Bukhayo/Nasewa/24 was ancestral or family land, it is proposed that it be distributed equally between the 3 estates of the 3 brothers. That is in order. It captures the essence of Section 38 of the Law of Succession Act, Cap 160, Laws of Kenya.
5. After that, it is proposed that the 1/3 share due to the deceased be shared out equally between his 1 widow and 13 children. That, again is in order, as it aligns to Section 35 (1)(5) and 38 of the Law of Succession Act, except that the life interest that should go to the widow is this time replaced with a defined share.
6. Consequently, I shall make the following final orders:a.that I hereby allow the application, dated 1st November 2023, and confirm the grant, dated 4th July 2023;b.that Bukhayo/Nasewa/24 shall be shared equally between the estates of the deceased herein, the late Nang’oni Odulwa and the late Ongoro Odulwa;c.that the share due to the estate of the deceased herein shall be thereafter be divided equally between his widow and his 13 children;d.that the shares due to the estates of the late Nang’oni Odulwa and Ongoro Odulwa shall devolve to the said estates, to be distributed in succession causes to be filed in the names of the 2 deceased persons;e.that a certificate of confirmation of grant shall issue accordingly; andf.that the matter shall be mentioned, after 6 months, to confirm whether the estate of the deceased herein will have been transmitted, to pave way for closure of this Court file.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT BUSIA THIS 22ND DAY OF MARCH 2024WM MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Were, instructed by Mr. Gabriel Fwaya, Advocate for the Administrator.