[2020] KEHC 7259 (KLR)
The court found that the application for confirmation of grant was properly before it, the proposed mode of distribution was supported by the consent of all beneficiaries, and there was no valid objection to the distribution. The court considered the request by Rosemary Nangunda for 2 acres and confirmed the grant...
Source-derived case information.
- Citation
- [2020] KEHC 7259 (KLR)
- Parties
- Applicant: Dismas Chemwa Mukhwana; Respondent: Wangila Mutunde
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 26 of 2010
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- Grant confirmed as per the proposed mode of distribution.
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate, Consent of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Dismas Chemwa Mukhwana
Applicant
Wangila Mutunde
Respondent
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate should be confirmed as per the proposed mode of distribution.
- 2 Whether the consent of all beneficiaries to the proposed distribution is valid and sufficient.
- 3 Whether the distribution of the estate is fair and in accordance with the law.
Ratio Decidendi
The court found that the application for confirmation of grant was properly before it, the proposed mode of distribution was supported by the consent of all beneficiaries, and there was no valid objection to the distribution. The court considered the request by Rosemary Nangunda for 2 acres and confirmed the grant in accordance with the agreed distribution, ensuring that the estate was distributed fairly among the beneficiaries as per their consent and the law.
Court Disposition
Grant confirmed as per the proposed mode of distribution.
Orders
- The grant of letters of administration intestate is confirmed.
- Land Parcel No. Ndivisi/Mihuu/2601 shall be distributed as follows: Rosemary Nangunda - 2 acres; Julius Situma Mukhwana - 2.6 acres; Nicholas Wakhungu - 8 acres; Hellen Wamutete - 1 acre; Delphine Chebukwa - 1 acre; Christine Nasimiyu Mukhwana - 1 acre; Access road - 0.75 acre.
Full Case Text
Judgment text and source record
46 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA
AT BUNGOMA
P & A. NO. 26 OF 2010
IN THE MATTER OF THE ESTATE OFMUSA MUKHWANA MURUMBA.........DECEASED
VERSUS
DISMAS CHEMWA MUKHWANA........PETITIONER
AND
WANGILA MUTUNDE..............................OBJECTOR
JUDGMENT
The deceased Musa Mukhwana Murumba died on 19. 08. 2009. He left 2 sons and 4 daughters. He also left as his estate Land Parcel No. Ndivisi/Mihuu/2601 measuring Approximately 6. 2 HA.
Upon application, the grant of letters of administration intestate was issued by Mabeya J on 25. 3.2014 to Dismas Chemwa Mukhwana and Wangila Mutunde.
By application dated 10. 10. 2016 the Administrators filed this application for confirmation of grant pursuant to Section 71(1) and (3) of the land of Succession Act. The application is supported by affidavit of Dismas Chemwa Mukhwana, who deponed that the grant was issued on 25. 3.2014 and it is over six months. He deponed that the estate comprised of Land Parcel No. Ndivisi/Mihuu/2601. He deponed that the beneficiary of the estate were;
1. ROSEMARY NANGUNDA
2. JULIUS SITUMA MUKHWANA
3. NICHOLAS WAKHUNGU
4. JAMILAH MUKHWANA - (Now deceased)
5. HELLEN WAMUTETE
6. DELPHINE CHEBUKWA
7. DISMAS CHEMWA
8. CHRISTINE NASIMIYU MUKHWANA
He annexed the agreed mode of distribution as hereunder;
MODE OF DISTRIBUTION OF LAND PARCEL NO. NDIVISI/MIHUU/2601:
1. ROSEMARY NANGUNDA 2 ACRE
2. JULIUS SITUMA MUKHWANA 2. 6 ACRES
3. NICHOLAS WAKHUNGU 8 ACRES
4. HELLEN WAMUTETE 1 ACRE
5. DELPHINE CHEBUKWA 1 ACRE
6. DISMAS CHEMWA 1½ ACRE
7. CHRISTINE NASIMIYU MUKHWANA 1 ACRE
8. ACESS ROAD ¾ AN ACRE
He annexed the consent to the confirmation signed by the beneficiaries to confirm the consent to the mode of distributions and shares. CHEMWA DISMAS MUKHWANA (2) HELLEN WAMUTETE NASIMIYU
(3) CHRISTINE NASIMIYU (4) DELVIN CHEBUKWA MUKHWANA (5) NICHOLAS WAKHUNGU MUKHWANA (6) JULIUS SITUMA MUKHWANA [the son of PIUS MAKOKHA MUKHWANA] all agreed to the mode of distribution and the acreage given. [Chemwa Mukhwana by Consent was not issued with any acreage in Ndivisi/Mihuu/2601 as he had been given another Parcel No. 4329 Measuring 8 Acres].
Rosemary Nangunda Nawate a daughter informed court that though she was married in 1977 to Hudson Muganda and she divorced in 1990. She stated that she bought a piece of land in Nandi where she stays. She had been given one Acre but should want to be given 2 acres.
I have considered the application from confirmation. I have considered the proposed mode of distribution and the consent of the beneficiaries. I hereby confirm the grant as per the following mode of distribution.
MODE OF DISTRIBUTION OF LAND PARCEL NO. NDIVISI/MIHUU/2601:
1. ROSEMARY NANGUNDA 2 ACRE
2. JULIUS SITUMA MUKHWANA 2. 6 ACRES
3. NICHOLAS WAKHUNGU 8 ACRES
4. HELLEN WAMUTETE 1 ACRE
5. DELPHINE CHEBUKWA 1 ACRE
6. CHRISTINE NASIMIYU MUKHWANA 1 ACRE
7. ACESS ROAD ¾ AN ACRE
Dated and Delivered at BUNGOMA this 3rd day ofMarch,2020.
S.N.RIECHI
JUDGE