[2024] KEHC 14157 (KLR)

Source-derived case information.

Citation: [2024] KEHC 14157 (KLR)
Parties: Applicant: Emily Dorothy Osena; Respondent: Judith Betty Ayuma; Respondent: Isabel Khalechi Olukoye; Respondent: Robinson Anambo Olukoye; Respondent: Stella Awinja Olukoye; Respondent: Gerry Alati Olukoye; Respondent: Gertrude Amisi Olukoye
Court: High Court
Court Station: High Court at Nairobi (Milimani Law Courts)
Jurisdiction: Kenya
Case Number: Succession Cause 2044 of 2010
Procedural Posture: Succession Cause / Judgment
Outcome: Grant of letters of administration intestate confirmed; estate distributed as per court's schedule.
Judges: SN Riechi
Legal Topics: Succession, Intestate Estate Distribution, Confirmation of Grant, Beneficiary Rights
Source Language: en

Family and Children Succession Intestate Estate Distribution Confirmation of Grant Beneficiary Rights

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Summary, issues, holding and outcome

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Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2

Parties

Emily Dorothy Osena

Applicant

Judith Betty Ayuma

Respondent

Isabel Khalechi Olukoye

Respondent

Robinson Anambo Olukoye

Respondent

Stella Awinja Olukoye

Respondent

Gerry Alati Olukoye

Respondent

Gertrude Amisi Olukoye

Respondent

Procedural Posture

Succession Cause / Judgment

Legal Issues

1 Whether the grant of letters of administration intestate should be confirmed in the absence of consent from all beneficiaries.
2 What is the equitable mode of distribution of the deceased's estate among the beneficiaries.
3 Whether the administrators acted in accordance with the law in proposing and contesting the distribution.

Ratio Decidendi

The court found that the administrators failed to agree on a common mode of distribution and that not all beneficiaries had consented to the applicant's proposal. The court considered both rival proposals and the evidence adduced, including the support each proposal received from different beneficiaries. The court reiterated its duty to ensure equitable distribution among all beneficiaries and confirmed the distribution schedule that balanced the interests of both widows and all children. The final order allocated specific properties to the widows for life with remainder to their children, divided contested plots equitably, and ordered that shares and other assets be distributed equally...

Court Disposition

Grant of letters of administration intestate confirmed; estate distributed as per court's schedule.

Orders

The grant of letters of administration intestate is confirmed.
The estate of Godfrey Alati Olukoye is to be distributed as set out in the judgment.

Full Case Text

Judgment text and source record

59 paragraphs

In re Estate of Godfrey Alati Olukoye (Deceased) (Succession Cause 2044 of 2010) [2024] KEHC 14157 (KLR) (Family) (14 November 2024) (Judgment)

Neutral citation: [2024] KEHC 14157 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Succession Cause 2044 of 2010

SN Riechi, J

November 14, 2024

IN THE MATTER OF THE ESTATE OF GODFREY ALATI OLUKOYE (DECEASED)

Judgment

1. The Deceased Godfrey Alati Olukoye died on 25. 3.2010. As per the Chief’s Luanda Township Location letter dated 20. 8.2010, he was survived by 2 wives Judith Betty Ayuma and Emily Dorothy Oseno and 5 children namely:a.Emily Dorothy Osena (Widow)b.Gerry Alati Olukoyec.Isabel Khalechi Olukuyed.Robinson Anambo Olukuyee.Stella Awinja Olukoyef.Gerry Alati Olukuyeg.Gertrude Amisi Olukoye-

2. Judith Betty Ayuma and Emily Dorothy Osena petitioned for grant of letters of administration intestate. A grant of letters of administration intestate was jointly issued to the widows on 13. 5.2011.

3. By a Summons dated 10. 8.2020, the Applicant, moved this Court seeking the confirmation of the Grant. The consent was only signed by three children of the deceased, Stella Awinja Olukoye, Gerry Alati Olukoye and Gertrude Amisi Olukoye, leaving out two beneficiaries, Isabel Kahalechi Olukoye and Robinson Anambo Olukoye.

4. The Protestor opposed the Summons by her Affidavit of Protest dated 25. 2.21. She accused the Applicant of seeking confirmation of grant without consulting her as co-administrator and without the consent of all the beneficiaries. The Protestor further stated that without her involvement and consent of some beneficiaries, the Summons was defective. She accused the Applicant of ignoring the proposal for distribution which she had sent to her and went ahead and filed a totally different distribution schedule. She urged the Court to order that both Administrators agree on the mode of distribution of the estate and file a fresh summons for confirmation of grant.

5. By Ruling dated 25. 2.2022 Thande J. directedIn the end, I make the following orders which are necessary for the ends of justice:i.The summons for confirmation dated 10. 8.2020 and the affidavit of protest dated 25. 2.21 shall be served upon all beneficiaries of the estate by 1 1 .3. 22. ii.The beneficiaries are at liberty to file responses which must be filed by 25. 3.22. iii.Mention on 11. 4.22 further directions.

6. By Consent the Summons for Confirmation and Protest were canvassed together by way of viva voce evidence. The applicant and protestor were directed to file their respective proposed mode of distribution.

7. Emily Dorothy Olukoye adopted her witness statement dated 12. 7.2023 and affidavit sworn on 12. 7.2023 and affidavit sworn on 15. 3. 2021 as her evidence in chef. Emily testified that the deceased was her husband. She testified that the deceased had 2 wives Judith Betty Auma and Emily Dorothy Osena. Judith had 2 children.a.Isabel Khalechi Olukuyeb.Robinson Anambo OlukuyeEmily had two children:a.Gerry Alati Olukuyeb.Gertrude Amisi Olukoye

8. The Deceased had a child called Stella Awinja Olukoye whose mother is not subject to these proceedings.

9. Emily testified that the only dispute relates to the distribution of Kajiado /Kitengela/1107 and Kajiado /Kitengela/11058. She testified that Judy had claimed to have one of the Plots after the death of deceased. She therefore recommend that Judy be given 11057 and Stella be given 11058 which is undeveloped. On her part she proposed that she retains the Kahawa Sukari Property.

10. Stella Awinja Olukoye a daughter of the deceased testified that Emily had allocated her Kajiado / Kitengela/11057 and NAIROBI BLOCK 82/2835. She was however willing to relocate to Kajiado Kitengela/11058 and relinquish Maragua Township unsurveyed residential plot No. 37 and Nairobi Block 82 to be distributed to others. Judith Betty Ayuma testified that the property in contention is Kajiado / Kitengela/11057 and Kajiado / Kitengela/11058. She testified that she had developed Kajiado / Kitengela/11057 which should be allocated to her and Kajiado / Kitengela/11058 to Isabel a child of the deceased and she will hold it in trust. In her proposal she has given Stella NAIROBI BLOCK 82/2835 and e. Maragua Township unsurveyed residential plot No. 37. The deceased’s estate comprised the following properties.a.Kajiado / Kitengela/11057b.Kajiado / Kitengela/11058c.Nairobi Block 82/2835d.Kahawa Sukari Limited Plot No. 1277e.Maragua Township unsurveyed residential plot No. 37f.L.R. No. 24854, Makuyug.Motor vehicle KAD 390Sh.CMC sharesi.KCB sharesj.Evereadysharesk.Kengen sharesl.Mumias Sugar Co. sharesm.Safaricom sharesn.Pension from Kenyatta University

11. The two administrators would not agree on consent on proposed mode of distribution. This court directed the applicant Emily to file proposed mode of distribution and the objector to file hers. Both complied.

12. Emily the applicant proposed the distribution as hereunder:TABLETRTC{style border: 1px solid #000; width: 28%}NameTC{style border: 1px solid #000; width: 38%}Description of propertyTC{style border: 1px solid #000; width: 32%}Share of HeirTRTC{rowspan 2|style border: 1px solid #000; width: 28%}Emily Dorothy OsenaTC{style border: 1px solid #000; width: 38%}-kahawa Sukari LimitedPlot Number 1277TC{style border: 1px solid #000; width: 32%}To Hold For Life AndThereafter To Be SharedBetween Gerry AlatiOlukoye And GertrudeAmisi Olukoye In EqualShares.TRTC{valign top|style border: 1px solid #000; width: 53%}- M/v Reg. No. Kad 390-sTC{valign bottom|style border: 1px solid #000; width: 46%}AbsoluteTRTC{style border: 1px solid #000; width: 28%}Gerry AlatiOlukoye AndGertrude Amisi OlukoyeTC{valign top|style border: 1px solid #000; width: 38%}- L. R. Number 24854-MakuyuTC{valign top|style border: 1px solid #000; width: 32%}To Be Shared EquallyTRTC{style border: 1px solid #000; width: 28%}Judith Betty AyumaTC{style border: 1px solid #000; width: 38%}-Kajiado / Kitengela/11057 -maragua TownshipUnsurveyedResidential Plot No.37- Nairobi Block 82/2835TC{style border: 1px solid #000; width: 32%}To Hold For Life AndThereafter To Be SharedBetween Robinson Anambo Olukoye & Isabel KhalechiOlukoyeTRTC{style border: 1px solid #000; width: 28%}Stella Awinja OlukoyeTC{style border: 1px solid #000; width: 38%}-Kajiado / Kitengela/11058TC{style border: 1px solid #000; width: 32%}AbsoluteTRTC{valign top|style border: 1px solid #000; width: 28%}-isabel Khalechi Olukuye-robinson Anambo Olukuye-stella Awinja Olukuye-gerry Al-ati Olukuye-gertrude AmasiOlukuyeTC{style border: 1px solid #000; width: 38%}-c.m.c Shares -2,000-k.c.b. Shares -2,093-eveready Shares -2,000-kengen Shares -2,500Mumias Sugar Co.Shares - 5,400-safaricom Shares -10,000TC{valign top|style border: 1px solid #000; width: 32%}To Be Shared Equally Amongst The Five.

12. This proposal is supported by 1. Stella Awinja

2. Gerry Alati

3. Getrude Amasi Olukoye

13. Judith Betty Ayuma the 2nd Administrator filed her preferred mode of distribution as hereunder;Name Description of property Share of Heir

Emily DorothyOsena Kahawa Sukari Limited Plot Number 1277 To Hold For Life AndThereafter To Be SharedBetween Gerry AlatiOlukoye And Gertrude Amisi Olukoye In EqualShares.

M/v Reg.no.kad 390-s Absolute

Gerry Alati Olukoye And Gertrude Amisi Olukoye L.r.number 24854 Makuyu To Be Shared Equally

Judith Betty AyumaRobinson Anambo Olukuye Kajiado / Kitengela/11057 Equally

Isabel Kalechi OlukoyeStella AwinjaOlukoye Kajiado / Kitengela/11058

Nairobi Block 82/2835

Maragu Township

Unsurveyed Residential Plot No.37 Equally

-isabel Khalechi OlukoyeRobinson AnamboOlukoyeStella Awinja OlukoyeGerry Alati OlukoyeGertrude AmasiOlukoye C.m.c Shares -2,000

K.c.b Shares- 2,093

Everready Shares -2,000

Kengen Shares-2,500

Mumias Sugar

Co. Shares -5,400 -safaricom Shares-

10,000 To Be Shared Equally Amongst The Five Beneficiaries.

14. The 2nd Administrator’s proposal is supported by:a.Isabel Khalechi Olukuyeb.Robinson Anambo Olukuye

15. I have considered the rival preferred mode of distribution. The duty of a Probate Court is to ascertain the estate of deceased; identify the beneficiaries and distribute the estate to the beneficiaries equitably. Having considered the proposed mode of distribution filed by the administrators respectively. I direct that distribution of the estate of the deceased be and is hereby confirmed as hereunder:Name Description of property Share of Heir

Emily DorothyOsena Kahawa Sukari Limited Plot Number 1277 To Hold For Life AndThereafter To Be SharedBetween Gerry AlatiOlukoye And Gertrude Amisi Olukoye In EqualShares.

M/v REG.NO.KAD 390-S Absolute

Gerry Alati Olukoye And Gertrude Amisi Olukoye L.r.number 24854 Makuyu To Be Shared Equally

Judith Betty AyumaRobinson Anambo Olukuye Kajiado / Kitengela/11057 Equally

ISabel Kalechi OlukoyeStella AwinjaOlukoye Kajiado / Kitengela/11058

Nairobi Block 82/2835

Maragu Township

Unsurveyed Residential Plot No.37 Equally

-Isabel Khalechi OlukoyeRobinson AnamboOlukoyeStella Awinja OlukoyeGerry Alati OlukoyeGertrude AmasiOlukoye C.m.c Shares -2,000

K.c.b Shares- 2,093

Everready Shares -2,000

Kengen Shares-2,500

Mumias Sugar

Co. Shares -5,400 -safaricom Shares-

10,000 To Be Shared Equally Amongst The Five Beneficiaries.

DATED AT NAIROBI THIS 14TH DAY OF NOVEMBER, 2024………………..S. N. RIECHIJUDGE

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