[2023] KEHC 27194 (KLR)
The court held that any sale of estate assets prior to confirmation and distribution, and without the court's consent or authority, is contrary to statute and cannot be ratified by the court. Therefore, purchasers who acquired portions of the estate land before confirmation of grant are not entitled to be included...
Source-derived case information.
- Citation
- [2023] KEHC 27194 (KLR)
- Parties
- Applicant: Gaudencia Aluoch Akwanyi; Respondent: Isha Nakhayo Kabuchenyi; Respondent: Rosemary Wesonga Ahibeda
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 241 of 1990
- Procedural Posture
- Succession Cause / Ruling on Inclusion of Purchaser in Certificate of Confirmation of Grant
- Outcome
- Application to include purchaser in certificate of confirmation of grant dismissed.
- Judges
- PJO Otieno
- Legal Topics
- Succession, Intestate Distribution, Confirmation of Grant, Purchaser Rights, Estate Administration
- 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
Gaudencia Aluoch Akwanyi
Applicant
Isha Nakhayo Kabuchenyi
Respondent
Rosemary Wesonga Ahibeda
Respondent
Procedural Posture
Succession Cause / Ruling on Inclusion of Purchaser in Certificate of Confirmation of Grant
Legal Issues
- 1 Whether a purchaser of a portion of estate land prior to confirmation of grant should be included in the certificate of confirmation of grant.
- 2 Whether the court can ratify a sale of estate assets conducted without its authority before confirmation and distribution.
Ratio Decidendi
The court held that any sale of estate assets prior to confirmation and distribution, and without the court's consent or authority, is contrary to statute and cannot be ratified by the court. Therefore, purchasers who acquired portions of the estate land before confirmation of grant are not entitled to be included in the certificate of confirmation of grant. The court emphasized its mandate to distribute the estate only to those entitled in intestacy, and not to recognize or validate transactions conducted outside the statutory framework. The judgment of the court regarding distribution remains intact, and only the death of beneficiaries may affect its enforcement. The court directed...
Court Disposition
Application to include purchaser in certificate of confirmation of grant dismissed.
Orders
- Purchasers not to be included in the certificate of confirmation of grant.
- Parties to attend court on 29.01.2024 to address implementation of the certificate of confirmation of grant.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Jason Akwanyi (Deceased) (Succession Cause 241 of 1990) [2023] KEHC 27194 (KLR) (21 December 2023) (Ruling)
Neutral citation: [2023] KEHC 27194 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Cause 241 of 1990
PJO Otieno, J
December 21, 2023
In the matter of
Gaudencia Aluoch Akwanyi
Petitioner
Ruling
1. Pursuant to the judgment of the court dated 17. 9.2014, the estate was distributed between three beneficiaries as follows;1. Margaret Kubende representing 1st house – 3. 5 acres2. Agnes Achieng representing 2nd house – 3. 5 acres3. Clement Omondi Okwanyi representing 3rd house – 5. 4 acre
2. None of the parties seeks interference with that distribution. There is not even a dispute as to the membership of the three households. The only contestation appears to be whether a purchaser of a portion of the estate land measuring 2 ½ acres from the members of the first household should be included in the certificate of confirmation of grant.
3. To this court, a sale of an estate assets prior to confirmation and distribution without the consent or authority of the court is contra statute and cannot be blessed by the court ratifying same. To that extent, the court cannot acknowledge the sale as sought by Isha Nakhayo Kabuchenyi and Rosemary Wesonga Ahibeda.
4. The court shall restrict itself to the mandate of only dealing with the persons entitled to the estate in intestacy. To bring the buyer unto the table of distribution would be to unjustifiably interfere with the judgment of the court without a legal basis.
5. The judgment of the court remaining intact and only being disturbed by death of some of the beneficiaries must be enforced so as to bring matter to conclusion. For that reason, the court directs that parties shall attend court on 29. 01. 2024 and address it on how to implement the certificate of confirmation of grant issued herein.
7. Each party shall bear own costs.
DATED, SIGNED AND DATED AT KAKAMEGA THIS 21ST DECEMBER, 2023. HON. P.J.O. OTIENOJUDGEIn the presence of:Ms. Munihu for the petitionerNo appearance for the objectorCourt assistant: Polycarp