[2024] KEHC 3360 (KLR)
The court determined that the only contested issue was whether Trans Nzoia/Cherangani/228 belonged to the deceased and could be included in the estate for distribution. Additionally, the court noted that E/Wanga/Malaha/178 was encumbered and could not be distributed until the encumbrance was discharged. Therefore,...
Source-derived case information.
- Citation
- [2024] KEHC 3360 (KLR)
- Parties
- Applicant: Pellice Kathini Mulweye; Respondent: Kevin Kibore Mulweye; Respondent: Esther Waiyurah Mulweye
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 73 of 2021
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant and Protest
- Outcome
- Orders issued; confirmation and distribution deferred pending compliance.
- Judges
- AC Mrima
- Legal Topics
- Succession, Confirmation of Grant, Estate Distribution, Proof of Ownership, Encumbrances on Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pellice Kathini Mulweye
Applicant
Kevin Kibore Mulweye
Respondent
Esther Waiyurah Mulweye
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant and Protest
Legal Issues
- 1 Whether the parcel Trans Nzoia/Cherangani/228 forms part of the deceased's estate and is available for distribution.
- 2 Whether the property E/Wanga/Malaha/178, being encumbered, can be distributed before discharge.
Ratio Decidendi
The court determined that the only contested issue was whether Trans Nzoia/Cherangani/228 belonged to the deceased and could be included in the estate for distribution. Additionally, the court noted that E/Wanga/Malaha/178 was encumbered and could not be distributed until the encumbrance was discharged. Therefore, the court ordered that proof of ownership of Trans Nzoia/Cherangani/228 be provided and that E/Wanga/Malaha/178 be discharged and a Certificate of Search availed before any distribution of the estate could proceed. The court deferred confirmation of the grant and distribution of the estate pending compliance with these orders.
Court Disposition
Orders issued; confirmation and distribution deferred pending compliance.
Orders
- Administrators to avail proof of ownership of Trans Nzoia/Cherangani/228 by the deceased.
- Administrators to discharge E/Wanga/Malaha/178 and avail a Certificate of Search.
Full Case Text
Judgment text and source record
25 paragraphs
In re Estate of Meshack Morgan Mulweye (Deceased) (Succession Cause 73 of 2021) [2024] KEHC 3360 (KLR) (11 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3360 (KLR)
Republic of Kenya
In the High Court at Kitale
Succession Cause 73 of 2021
AC Mrima, J
April 11, 2024
IN THE MATTER OF: THE ESTATE OF MESHACK MORGAN MULWEYE (DECEASED)
-between-
Between
Pellice Kathini Mulweye
Petitioner
and
Kevin Kibore Mulweye
1st Protestor
Esther Waiyurah Mulweye
2nd Protestor
Ruling
1. On 26th September 2022, a Grant of Letters of Administration Intestate was jointly issued to the Petitioner and the Protestors herein.
2. The Petitioner then filed a Summons for Confirmation dated 15th May, 2023 and proffered a mode of distribution in respect of the various properties allegedly forming the estate of the deceased.
3. The Protestors basically agreed on the Petitioner’s mode of distribution save that they raised the issue of ownership of one of the properties. That was the parcel of land known as Trans Nzoia/Cherangani/228. They rooted for proof of that parcel of land.
4. Since there is no contestation in this matter save for the ownership of Trans Nzoia/Cherangani/228 and, this Court, having noted that property known as E/Wanga/Malaha/178 in encumbered by way of legal charges, the distribution of the estate shall await the proof of ownership of Trans Nzoia/Cherangani/228 and the discharge of E/Wanga/Malaha/178.
5. Once the above issues are settled, this Court shall then render a judgment on the mode of the distribution of the estate.
6. As such, the following orders do hereby issue: -a.The Administrators shall avail proof of ownership of Trans Nzoia/Cherangani/228 by the Deceased herein.b.The Administrators shall also discharge the parcel of land known as E/Wanga/Malaha/178 and avail a Certificate of Search thereof.c.The distribution of the estate herein shall, therefore, await the compliance of orders (a) and (b) above.d.This matter shall be fixed for a Mention on a date to issue.e.Costs in cause.It is so ordered.
DELIVERED, DATED AND SIGNED AT KITALE THIS 11TH DAY OF APRIL, 2024. A. C. MRIMAJUDGERuling No. 1 virtually delivered in the presence of:No appearance for Mr. Kisembe, Learned Counsel for the Petitioner.Miss Odhiambo for Mr. Omusundi, Learned Counsel for the Protestors.Chemosop/Duke – Court Assistants.