[2021] KEHC 13594 (KLR)
The court found that the administrators had complied with the order to file further affidavits disclosing the daughters and grouping the survivors. However, confirmation of the grant remains postponed pending the determination of ownership of the property Butsotso/Esumeyia/346 in separate proceedings. The matter is...
Source-derived case information.
- Citation
- [2021] KEHC 13594 (KLR)
- Parties
- Applicant: Administrators of the Estate of Gerald Amboye Machembe; Respondent: Survivors of Gerald Amboye Machembe (including daughters and members of five houses)
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 101 of 2001
- Procedural Posture
- Succession Cause / Post Judgment Directions on Confirmation of Grant
- Outcome
- Further directions issued; confirmation of grant remains postponed.
- Judges
- DN Musyoka
- Legal Topics
- Confirmation of Grant, Estate Administration, Beneficiary Identification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Administrators of the Estate of Gerald Amboye Machembe
Applicant
Survivors of Gerald Amboye Machembe (including daughters and members of five houses)
Respondent
Procedural Posture
Succession Cause / Post Judgment Directions on Confirmation of Grant
Legal Issues
- 1 Whether the administrators have complied with the court's order to disclose the daughters of the deceased or their survivors.
- 2 Whether the survivors of the deceased have been properly grouped according to the five houses.
- 3 Whether confirmation of the grant should proceed before determination of ownership of Butsotso/Esumeyia/346.
Ratio Decidendi
The court found that the administrators had complied with the order to file further affidavits disclosing the daughters and grouping the survivors. However, confirmation of the grant remains postponed pending the determination of ownership of the property Butsotso/Esumeyia/346 in separate proceedings. The matter is to be mentioned after June 2022 to address outstanding issues as per the judgment of 18th June 2021.
Court Disposition
Further directions issued; confirmation of grant remains postponed.
Orders
- Matter to be mentioned on a date after 18th June 2022 for addressing outstanding issues.
- Administrators to obtain a mention date at the registry or at the delivery of this ruling.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKEMEGA
SUCCESSION CAUSE NO. 101 OF 2001
IN THE MATTER OF THE ESTATE OF GERALD AMBOYE MACHEMBE (DECEASED)
RULING
1. In the judgment I delivered herein on 18th June 2021, I ordered the administrators to file a further or further affidavits within thirty days to disclose the daughters of the deceased, or their survivors; and to group the survivors of the deceased according to his five houses. They have filed a further affidavit, on 18th August 2021, sworn on even date.
2. I had, in the judgment, postponed confirmation of the grant, for one year, pending determination of ownership of Butsotso/Esumeyia/346, in separate proceedings. That should take us to June 2022.
3. Consequently, I hereby direct that this matter be mentioned on a date after 18th June 2022, that the administrators shall obtain at the registry, or at the delivery of this ruling, for the purpose of addressing the issues the subject of orders (2) and (3) of the judgment of 18th June 2021.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS ………20th ………………………. DAY OF …………DECEMBER…………………. 2021
W. MUSYOKA
JUDGE
In the presence of:-
Erick Zalo – Court Assistant
Nicholas Waswa
Margaret Makokha
Amina Amboye
Alex Alunya Waswa