[2019] KEHC 9860 (KLR)
The court found that the green card for land parcel BUNYALA/MUDEMBI/2081 indicated the deceased, Michael Ogana also known as Michael Dalama Okumu, as the sole proprietor. Therefore, the objector's claim of joint proprietorship and entitlement to a half share was not supported by the evidence. The objection was...
Source-derived case information.
- Citation
- [2019] KEHC 9860 (KLR)
- Parties
- Applicant: Emmanuel Onyango Okumu; Applicant: John Dodo Okumu; Respondent: Vincent Chombe Okuku
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 87 of 2013
- Procedural Posture
- Probate and Administration / Ruling on Objection to Confirmation of Grant
- Outcome
- Objection dismissed with costs; petitioners at liberty to proceed with confirmation of grant.
- Judges
- KW Kiarie
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emmanuel Onyango Okumu
Applicant
John Dodo Okumu
Applicant
Vincent Chombe Okuku
Respondent
Procedural Posture
Probate and Administration / Ruling on Objection to Confirmation of Grant
Legal Issues
- 1 Whether the objector is entitled to a half share of land parcel BUNYALA/MUDEMBI/2081 as joint proprietor.
- 2 Whether the estate of the deceased should be shared equally between the three houses.
- 3 Whether the objector's claim is genuine and should be upheld or dismissed.
Ratio Decidendi
The court found that the green card for land parcel BUNYALA/MUDEMBI/2081 indicated the deceased, Michael Ogana also known as Michael Dalama Okumu, as the sole proprietor. Therefore, the objector's claim of joint proprietorship and entitlement to a half share was not supported by the evidence. The objection was dismissed, and the petitioners were granted liberty to proceed with confirmation of the grant and distribution of the estate as per the law.
Court Disposition
Objection dismissed with costs; petitioners at liberty to proceed with confirmation of grant.
Orders
- The objection by Vincent Chombe Okuku is dismissed with costs.
- The petitioners are at liberty to take a date for confirmation of the grant.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUSIA
PROBATE & ADMINSTRATION NO. 87 OF 2013
IN THE ESTATE OF:
MICHAEL DAMALA OKUMU.................................DECEASED
BETWEEN
EMMANUEL ONYANGO OKUMU
JOHN DODO OKUMU.............PETITIONERS/ APPLICANTS
AND
VINCENT CHOMBE OKUKU......OBJECTOR/RESPONDENT
RULING
1. Emmanuel Onyango Okumu and John Dodo Okumu, the petitioners/applicants herein filed an application dated 21st July 2015 for confirmation of the grant issued on 6th June 2014 under section 76 of the Law of Succession Act, Cap. 160 It is premised on the following grounds:
a) That the objector was ordered to file a protest which he has failed to file to date.
b) That the estate of the deceased ought to be shared equally between the three houses.
c) That the objector’s claim is not genuine and ought to be dismissed.
2. The application was opposed by the objector/respondent on grounds that land parcel number BUNYALA/MUDEMBI/2081was a joint proprietorship where he is entitled to ½ share.
3. I have perused the affidavits of both parties and the record. The following facts have emerged:
a. That the copy of green card in respect of BUNYALA/MUDEMBI/2081indicates the proprietor as Michael Ogana also known as Michael Dalama Okumu
b. That the deceased was the sole proprietor.
This therefore means that the objector’s contention is not true. The objection is therefore dismissed with costs.
4. The petitioner is at liberty to take a date for confirmation of the grant.
DELIVEREDandSIGNEDatBUSIA this 26thdayof February, 2019
KIARIE WAWERU KIARIE
JUDGE