[2022] KEHC 13471 (KLR)
The court determined that it could not proceed with the distribution of the deceased's estate because there had not been full disclosure of all the persons who survived the deceased, specifically a complete list of all children grouped according to their respective houses as required by section 40 of the Law of...
Source-derived case information.
- Citation
- [2022] KEHC 13471 (KLR)
- Parties
- Applicant: Lazarus Ndunde Obuya; Respondent: Miriam Masanganjila Obuya
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 370 of 2006
- Procedural Posture
- Succession Cause / Ruling on Compliance With Prior Directions Regarding Disclosure of Beneficiaries
- Outcome
- Distribution of the estate deferred pending full compliance with court's directions on disclosure of beneficiaries.
- Judges
- WM Musyoka
- Legal Topics
- Succession, Estate Distribution, Polygamous Estates, Beneficiary Disclosure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lazarus Ndunde Obuya
Applicant
Miriam Masanganjila Obuya
Respondent
Procedural Posture
Succession Cause / Ruling on Compliance With Prior Directions Regarding Disclosure of Beneficiaries
Legal Issues
- 1 Whether there has been full disclosure of all the children and beneficiaries of the deceased for purposes of estate distribution.
- 2 Whether the administrator has complied with the court's prior directions regarding disclosure of beneficiaries.
Ratio Decidendi
The court determined that it could not proceed with the distribution of the deceased's estate because there had not been full disclosure of all the persons who survived the deceased, specifically a complete list of all children grouped according to their respective houses as required by section 40 of the Law of Succession Act. The administrator's affidavit only mentioned the number of children but failed to provide their names or proper categorization. Compliance with the court's previous directions is a prerequisite for any further orders on distribution. The matter is to be mentioned again to confirm compliance.
Court Disposition
Distribution of the estate deferred pending full compliance with court's directions on disclosure of beneficiaries.
Orders
- Parties to comply fully with the court's directions of November 8, 2019 regarding disclosure of all children and beneficiaries.
- Matter to be mentioned on a future date to confirm compliance.
Full Case Text
Judgment text and source record
13 paragraphs
In re Estate of Obuya Ndunde (Deceased) (Succession Cause 370 of 2006) [2022] KEHC 13471 (KLR) (23 September 2022) (Ruling)
Neutral citation: [2022] KEHC 13471 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Cause 370 of 2006
WM Musyoka, J
September 23, 2022
Ruling
1. On November 8, 2019, I delivered a ruling herein, where I directed the administrator to file a further affidavit to disclose all the children of the deceased.
2. An affidavit was lodged herein on November 11, 2021, sworn on November 10, 2021, by Miriam Masanganjila Obuya. The same mentioned that the deceased had 24 children, but a schedule of their names was not given. What is given is a schedule of distribution.
3. The deceased died a polygamist. His estate should be distributed according to section 40 of the Law of Succession Act, Cap 160, Laws of Kenya. I am not in a position to distribute the estate, until there is a full disclosure of all the persons who survived him, grouped or categorized according to the houses to which they belong.
4. Let the parties comply fully with my directions of November 8, 2019. I shall allocate the matter a date for mention to confirm compliance with those directions.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA ON THIS 23RDDAY OF SEPTEMBER,2022. WM MUSYOKAJUDGEErick Zalo, Court AssistantLazarus Ndunde Obuya.Miriam Masanganjila Obuya.