[2024] KEHC 4128 (KLR)
The court found that parcel North Kabras/Surungai/1411 was omitted from the list of estate assets in the confirmed grant, as evidenced by the official search showing it was registered in the deceased's name. The court also noted that the reduction of Sammy Soita's share in parcel Kakamega/Surungai/1409 from 0.5...
Source-derived case information.
- Citation
- [2024] KEHC 4128 (KLR)
- Parties
- Applicant: Selina Nambuye Kuta; Beneficiary: Sammy Soita
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 446 of 2014
- Procedural Posture
- Succession Cause / Ruling on Summons for Review/amendment of Confirmed Grant
- Outcome
- application for review granted
- Judges
- SC Chirchir
- Legal Topics
- Succession, Review of Grant, Distribution of Estate, Consent of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Selina Nambuye Kuta
Applicant
Sammy Soita
Beneficiary
Procedural Posture
Succession Cause / Ruling on Summons for Review/amendment of Confirmed Grant
Legal Issues
- 1 Whether the omission of parcel North Kabras/Surungai/1411 from the list of estate assets warrants review of the confirmed grant.
- 2 Whether the reduction of Sammy Soita's share in parcel Kakamega/Surungai/1409 from 0.5 hectares to 0.2 hectares should be allowed.
Ratio Decidendi
The court found that parcel North Kabras/Surungai/1411 was omitted from the list of estate assets in the confirmed grant, as evidenced by the official search showing it was registered in the deceased's name. The court also noted that the reduction of Sammy Soita's share in parcel Kakamega/Surungai/1409 from 0.5 hectares to 0.2 hectares was consented to by the beneficiary and all other beneficiaries, as shown by the filed consent. The court held that these circumstances justified review and amendment of the confirmed grant to include the omitted asset and adjust the distribution as agreed by the beneficiaries. The application for review was therefore warranted and granted.
Court Disposition
application for review granted
Orders
- Title number North Kabras/Surungai/1411 to be included in the assets of the estate and vested in Selina Nambuye Kuta to hold on life interest.
- Sammy Soita’s share in Title No. Kakamega/Surungai/1409 to be reduced to 0.2 hectares instead of 0.5 hectares.
Full Case Text
Judgment text and source record
21 paragraphs
In re Estate of Luka Kuta Shay alias Luka K. Shayo - Deceased (Succession Cause 446 of 2014) [2024] KEHC 4128 (KLR) (25 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4128 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Cause 446 of 2014
SC Chirchir, J
April 25, 2024
IN THE MATTER OF THE ESTATE OF LUKA KUTA SHAY alias LUKA K. SHAYO (DECEASED)
In the matter of
Selina Nambuye Kuta
Petitioner
Ruling
1. What is coming up for determination is the summons dated 8/1/2024 and filed on the same date by the Administrator of the Estate. It seeks a review/amendment of the of 3rd July 2018 confirming the Grant. The application is supported by the Applicant’s affidavit as well as another affidavit sworn by one Sammy Soita, who identifies himself as one of the beneficiaries of the Estate.
2. It is the Applicant’s case that one of the properties namely parcel No. North Kabras/Surungai/1411 was left out of the succession process. She further says that one of the beneficiaries namely, Sammy Soita, ought to have gotten a share of 0. 2 hectares from parcel No. Kakamgea/Surungai/1409 instead of the 0. 5 hectares, appearing on the certificate of confirmation of Grant. This position is confirmed by the said beneficiary through his affidavit sworn on 8/1/2024.
3. It is deponed that the rest of the beneficiaries are not opposed to the said changes. A consent to that effect dated 8/4/2024 is on record
Determination 4. This is an application for review. Review is governed by Section 45 of the civil procedure rules which is imported to the law of succession act pursuant to Rule 63 of the Probate and Administration rules.
5. According to the Applicant, one asset namely North Kabras/Surungai/1411 was left out of succession proceedings. She also wants the portion given to Sammy Soita one of the beneficiaries be reduced from 0. 5 hectares to 0. 2 hectares. On this prayer, the reasons for the proposed change are not given. I note however that the said beneficiary has sworn an affidavit to the consenting to the reduction of his share. I further take note of the fact that the rest of the beneficiaries have consented to the changes.
6. On the inclusion of North/Kabras/Surungai/1411, I have seen a certificate of official search for North/Kabras/Surungai/1411. The same is registered in the name of the deceased.
7. I have further perused the application for the confirmation of grant file on 4/6/2018 as well as the certificate issued and noted that the above state parcel was indeed missing from the list of the properties.
8. In view of the aforegoing, I am satisfied that the application for review is warranted and I now proceed to make the following orders:a).Title number North Kabras/Surungai/1411 be included in the assets of the Estate, to go to Selina Nambuye to hold it on life interest.b).Sammy Soita’s share in Title No. Kakamega/Surungai/1409 to be reduced to read 0. 2 hectares instead of 0. 5 hectares.c).The certificate of confirmation of grant issued on 3/7/2018 to be amended accordingly.
DATED, SIGNED AND DELIVERED AT NAIROBI, VIA MICROSOFT TEAMS THIS 25TH APRIL 2024. S. CHIRCHIR.JUDGE.In the presence of:Godwin- Court Assistant