[2019] KEHC 8539 (KLR)
The court found that both the objector and the petitioner agreed that the deceased had distributed his property during his lifetime except for one property where he resided. The court further found that the claim by the beneficiary, Moses Mitigoa Obusubiri, regarding parcel BUKHAYO/KISOKO/5188 was unsupported, as...
Source-derived case information.
- Citation
- [2019] KEHC 8539 (KLR)
- Parties
- Respondent: Ernest Ochieng Murere; Objector: John Ouma Ekesa; Applicant: Moses Mitigoa Obusubiri
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 61 of 2012
- Procedural Posture
- Probate and Administration / Ruling on Objection to Distribution of Estate
- Outcome
- objection dismissed; grant confirmed
- Judges
- KW Kiarie
- Legal Topics
- Succession, Distribution of Estate, Validity of Objection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ernest Ochieng Murere
Respondent
John Ouma Ekesa
Objector
Moses Mitigoa Obusubiri
Applicant
Procedural Posture
Probate and Administration / Ruling on Objection to Distribution of Estate
Legal Issues
- 1 Whether the deceased had already distributed his property during his lifetime except for one property.
- 2 Whether the objector's claim regarding the available assets for distribution is valid.
- 3 Whether the purchaser, Moses Mitigoa Obusubiri, has a claim from the estate.
Ratio Decidendi
The court found that both the objector and the petitioner agreed that the deceased had distributed his property during his lifetime except for one property where he resided. The court further found that the claim by the beneficiary, Moses Mitigoa Obusubiri, regarding parcel BUKHAYO/KISOKO/5188 was unsupported, as the parcel did not exist in the official records. The objection by John Ouma Ekesa was dismissed as unmerited, and the grant was confirmed, allowing the estate to be distributed as per the confirmed grant.
Court Disposition
objection dismissed; grant confirmed
Orders
- The objection is dismissed with costs.
- The grant herein is confirmed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
PROBATE & ADMINSTRATION NO. 61 OF 2012
IN THE ESTATE OF: MUKEMO MURERE NDEGE.......................DECEASED
BETWEEN
ERNEST OCHIENG MURERE…......................PETITIONER/ RESPONDENT
AND
JOHN OUMA EKESA...........................................................................OBJECTOR
MOSES MITIGOA OBUSUBIRI..........................BENEFICIARY /APPLICANT
RULING
1. John Ouma Ekesa the objector herein, is objecting to the distribution of the deceased’s property on the basis of the following grounds.
a) That the deceased provided for his sons during his lifetime.
b) That the only asset is available for distribution isBUKHAYO/KISOKO/5187.
2. Ernest Ochieng Murere, the petitioner herein on the other hand argues that land parcel Nos.BUKHAYO/KISOKO/6802 & BUKHAYO/KISOKO/6803are the only assets available for distribution.
3. The beneficiary has contended that he was issued with a title deed in respect of BUKHAYO/KISOKO/5188but the same was found to non-existence.
4. Both the objector and the petitioner agree that their father had distributed his property during his lifetime except for one property where he was residing. There is no dispute that Moses Mitigoa Obusubirihad purchased land during the lifetime of the deceased herein. What is in dispute is whether the purchaser has a claim from the estate.
5. My perusal of the documents filed by the parties herein has confirmed that the copy of register in respect of parcel number 6803 has restrictions due to duplication of numbers 5185-5188. The copy of map attached by Moses Mitigoa Obusubiriissued on 2nd November 2018, confirm that the said parcel of land that isBUKHAYO/KISOKO/5188 is not reflected therein.
6. I therefore find that the objection is unmerited. I dismiss it with costs. Consequently, the grant herein is confirmed.
DELIVEREDandSIGNEDatBUSIAthis25th dayof March, 2019
KIARIE WAWERU KIARIE
JUDGE