[2022] KEHC 14991 (KLR)
The court found that Fredrick Muhanji Mangala purchased his portion of the estate property after the confirmation of the grant and subsequent transmission of the asset. The court held that section 93 of the Law of Succession Act potentially protects such a transaction, as it provides statutory protection to...
Source-derived case information.
- Citation
- [2022] KEHC 14991 (KLR)
- Parties
- Applicant: Ms Rauto; Respondent: 1st protestor; Respondent: Fredrick Muhanji Mangala
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 172 of 2008
- Procedural Posture
- Succession Cause / Ruling on Whether Fredrick Muhanji Mangala Should Testify
- Outcome
- Application to allow Fredrick Muhanji Mangala to testify is granted.
- Judges
- WM Musyoka
- Legal Topics
- Succession Proceedings, Confirmation of Grant, Transmission of Property, Purchaser Protection
- 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
Ms Rauto
Applicant
1st protestor
Respondent
Fredrick Muhanji Mangala
Respondent
Procedural Posture
Succession Cause / Ruling on Whether Fredrick Muhanji Mangala Should Testify
Legal Issues
- 1 Whether Fredrick Muhanji Mangala should be allowed to testify in relation to his purchase of a portion of the estate property.
- 2 Whether section 93 of the Law of Succession Act protects the transaction involving Fredrick Muhanji Mangala.
Ratio Decidendi
The court found that Fredrick Muhanji Mangala purchased his portion of the estate property after the confirmation of the grant and subsequent transmission of the asset. The court held that section 93 of the Law of Succession Act potentially protects such a transaction, as it provides statutory protection to purchasers for value from beneficiaries of an estate after confirmation of grant. Therefore, the court allowed Fredrick Muhanji Mangala to testify in order to demonstrate that his transaction is protected under the law.
Court Disposition
Application to allow Fredrick Muhanji Mangala to testify is granted.
Orders
- Fredrick Muhanji Mangala is allowed to testify to demonstrate the protection of his transaction under section 93 of the Law of Succession Act.
- A date for hearing Fredrick Muhanji Mangala will be allocated at the delivery of this ruling.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Ibrahim Likabo Miheso (Deceased) (Succession Cause 172 of 2008) [2022] KEHC 14991 (KLR) (4 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14991 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Cause 172 of 2008
WM Musyoka, J
November 4, 2022
IN THE MATTER OF THE ESTATE OF IBRAHIM LIKABO MIHESO (DECEASED)
Ruling
1. On February 14, 2022, I allowed Ms Mburu to file written submissions on whether Fredrick Muhanji Mangala should testify. She has complied. I have read though the written submissions, and noted the issues raised.
2. The initial grant was made to the 1st protestor. It presented only 1 asset for distribution, being Kakamega/Shitochi/1064. The grant was confirmed on February 17, 2010, and Kakamega/Shitochi/1064 was shared equally between the 3 sons.
3. Transmission was done on August 17, 2010, and that property was split in 3, and titles were issued to each of the 3 sons.
4. I understand Fredrick Muhanji Mangala to say that he bought the portion he has after the confirmation proceedings of 2010, and the transmission of the assets was done later that same year.
5. It would appear that Fredrick Muhanji Mangala could come under the protection provided by section 93 of the Law of Succession Act, cap 160, Laws of Kenya.
6. Consequently, I shall allow him to testify, in an effort to demonstrate that section 93 protects his transaction. I shall allocate a date for hearing him, at the delivery of this ruling.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA ON THIS 4TH DAY OF NOVEMBER 2022WM MUSYOKAJUDGEErick Zalo, Court Assistant.Ms Rauto, instructed by Rauto & Company, Advocates for the applicant.Ms Mburu, instructed by Malala & Company, Advocates for the 1st protestor and Fredrick Muhanji Mangala.