[2019] KEHC 1526 (KLR)
The court found that the issue of distribution of the estate had already been conclusively determined by Tuiyot J. in the ruling delivered on 23rd January 2014, which specified the manner in which the estate land was to be divided among the beneficiaries. The applicant's attempt to introduce amendments to the...
Source-derived case information.
- Citation
- [2019] KEHC 1526 (KLR)
- Parties
- Applicant: Joseph Mubasa Murinda; Respondent: Peter Maloba Murinda
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 254 of 2011
- Procedural Posture
- Probate and Administration / Ruling on Application for Confirmation of Grant
- Outcome
- Grant confirmed in terms of the prior court ruling; co-administrators directed to transfer estate to beneficiaries within three months.
- Judges
- KW Kiarie
- Legal Topics
- Confirmation of Grant, Distribution of Estate, Appointment of Administrators
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Mubasa Murinda
Applicant
Peter Maloba Murinda
Respondent
Procedural Posture
Probate and Administration / Ruling on Application for Confirmation of Grant
Legal Issues
- 1 Whether the grant issued on 22nd February 1995 should be confirmed in light of previous court orders.
- 2 Whether the proposed distribution by the applicant is consistent with the court's prior ruling.
- 3 Whether the co-administrators should be directed to effect transfer of the estate to beneficiaries.
Ratio Decidendi
The court found that the issue of distribution of the estate had already been conclusively determined by Tuiyot J. in the ruling delivered on 23rd January 2014, which specified the manner in which the estate land was to be divided among the beneficiaries. The applicant's attempt to introduce amendments to the distribution was rejected as it was inconsistent with the prior court order. The court confirmed the grant strictly in accordance with the earlier ruling and directed the co-administrators to effect the transfer of the estate to the beneficiaries within three months.
Court Disposition
Grant confirmed in terms of the prior court ruling; co-administrators directed to transfer estate to beneficiaries within three months.
Orders
- The grant is confirmed in accordance with the ruling of Tuiyot J. delivered on 23rd January 2014.
- The petitioner and respondent are appointed co-administrators of the estate.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUSIA
PROBATE & ADMINSTRATION NO. 254 OF 2011
IN THE ESTATE OF: MURINDA JANGAYO............................................DECEASED
BETWEEN
JOSEPH MUBASA MURINDA.......................................P ETITIONER/ APPLICANT
AND
PETER MALOBA MURINDA.................................................................RESPONDENT
RULING
1. The application dated 27th February 2017 is seeking for the confirmation of the grant issued on 22nd February 1995.
2. The application is premised on ground that the issues raised in objection to the grant have been settled.
3. The application was opposed on ground that the proposed distribution was skewed in favour of the applicant.
4. Upon my perusal of the record, I have noted that Tuiyot J. in a ruling delivered on 23rd January 2014 had settled the issue of distribution at paragraph 11 as follows:
The estate land ought to be divided as follows:
a. Obonyo – 1 acre
b. The petitioner – 11/2 acres
c. The objector- 21/2 acres
What this means is that the petitioner applicant is introducing amendments to the order of the court.
I am not surprised for the court then, had remarked that he cannot be trusted.
5. I am therefore, confirming the grant in terms of the ruling of Tuiyot J which was delivered on 23rd January 2014. In the ruling, the petitioner and the respondent were appointed co-administrators. The two co-administrators are given 3 months within which to ensure the estate has been transferred to the beneficiaries.
DELIVEREDandSIGNEDatBusia this 10th Dayof December, 2019.
KIARIE WAWERUKIARIE
JUDGE