[2019] KEHC 1010 (KLR)
The court found that both administrators, Monicah Kemunto Omariba and Annah Monyenche Omariba, were in agreement regarding the mode of distribution of the deceased's estate. The estate, consisting of L.R. No. Central Kitutu/Ikuruma/19 measuring 1.9 Ha, is to be shared equally among the beneficiaries, with each...
Source-derived case information.
- Citation
- [2019] KEHC 1010 (KLR)
- Parties
- Applicant: Monicah Kemunto Omariba; Respondent: Annah Monyenche Omariba
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 462 of 1996
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- grant confirmed and estate distributed as agreed
- Judges
- REA Ougo
- Legal Topics
- Intestate Succession, Distribution of Estate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monicah Kemunto Omariba
Applicant
Annah Monyenche Omariba
Respondent
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration issued on 18/10/2018 should be confirmed.
- 2 How the estate of the late Moruri Nyakundi should be distributed among the beneficiaries.
Ratio Decidendi
The court found that both administrators, Monicah Kemunto Omariba and Annah Monyenche Omariba, were in agreement regarding the mode of distribution of the deceased's estate. The estate, consisting of L.R. No. Central Kitutu/Ikuruma/19 measuring 1.9 Ha, is to be shared equally among the beneficiaries, with each receiving 0.19 Ha as proposed in the affidavit of distribution. The court confirmed the grant issued on 18/10/2018 and ordered that the estate be distributed as set out in the affidavit of distribution filed by Monicah Kemunto Omariba dated 7/11/2018. The court also directed that each party bear their own costs, recognizing the family nature of the dispute and the consensus reached...
Court Disposition
grant confirmed and estate distributed as agreed
Orders
- The grant of letters of administration issued on 18/10/2018 to Annah Monyenche Omariba and Monicah Kemunto Moruri is confirmed.
- The estate shall be distributed as set out in paragraphs 4(a) to (j) of the affidavit of distribution filed by Monicah Kemunto Omariba dated 7/11/2018.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENMYA
AT KISII
SUCCESSION CAUSE NO.462 OF 1996
IN THE MATTER OF THE ESTATE OF MORURI NYAKUNDI – (DECEASED)
AND
IN THE MATTER OF PETITION FOR LETTERS OF ADMINISTRATION INTESTATE
AND IN THE MATTER OF; ANNAH MONYENCHE OMARIBA......1ST PETITIONER
MONICAH KEMUNTO OMARIBA.........................................................2ND PETITIONER
RULING
1. By an application dated the 7/12/2018 the applicant Monicah Kemunto Omariba one of the administrators of the estate of Moruri Nyakundi seeks to have the grant of letters of administration issued on the 18/10/2018 to be confirmed. The grant was issued to the 2 petitioners Monicah Kemunto Moruri and Annah Monyenche Omariba. In her affidavit in support of application the applicant states that the estate of the late Moruri Nyakundi comprises of L.R. No.Central Kitutu/Ikuruma/19 measuring 1. 9Ha. Monicah is the daughter of the deceased. Annah is the widow of the deceased. Monicah proposes that the entire estate be shared on equal basis as per Section 4 of the Law of Section Act Cap. In her affidavit on the mode of distribution she proposes at paragraph 4 that the land parcel which measures 1. 9 Ha (2. 22acres) be shared equally with each beneficiary getting 0. 19 Ha (0. 469 acre).
2. Annah Omariba filed her affidavit titled confirmation of fact dated 30/10/2019. In it she states that she has conceded to giving the children of the 1st home their portion in respect of the deceased and that the said children of the upper house shall occupy the upper part and she will remain with the lower part which is in her dwelling. Mr. Nyambati consulted his client Monicah who was in court and he told the court that the parties are in agreement. My understanding is that the parties have no objection to sharing the property in equal portion within the portions of the parcel of land where they are with that in mind the grant issued on the 18/10/2018 to Annah Monyenche Omariba and Monicah Kemunto Moruri shall be confirmed and the estate shall be determined as stated at paragraphs 4 (a) to (j) in the affidavit of the of distribution filed by Monicah Kemunto Omariba dated the 7/11/2018. Since this is a family matter each party shall bear their own costs.
Dated, signed and delivered at Kisii on the 1st day of November 2019.
R.E. OUGO
JUDGE
In the presence of;
Petitioners Present
Mr. Nyambati for the Petitioners
Ms. Rael Court Clerk