[2020] KEHC 8671 (KLR)
The court found that the protestors had provided sufficient documentary evidence to establish that Tadeo Ouma Okumu purchased land from the deceased, and that the protestors in turn purchased portions from Tadeo Ouma Okumu. Since the transfer to Tadeo Ouma Okumu was not completed before the deceased's death, the...
Source-derived case information.
- Citation
- [2020] KEHC 8671 (KLR)
- Parties
- Applicant: Moses Juma Oduori; Applicant: Patrick Sanya Ojiambo; Applicant: James Wandera Okumu; Respondent: Fredrick Ruma Makhoha
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 430 of 2012
- Procedural Posture
- Probate and Administration / Ruling on Protest Before Confirmation of Grant
- Outcome
- protest allowed; petitioner ordered to file fresh confirmation of grant addressing protestors' interests
- Judges
- KW Kiarie
- Legal Topics
- Succession Proceedings, Beneficiary Exclusion, Purchaser Interest in Estate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Juma Oduori
Applicant
Patrick Sanya Ojiambo
Applicant
James Wandera Okumu
Applicant
Fredrick Ruma Makhoha
Respondent
Procedural Posture
Probate and Administration / Ruling on Protest Before Confirmation of Grant
Legal Issues
- 1 Whether the protestors are entitled to be recognized as beneficiaries of the estate of Peter Makhoha Buluma.
- 2 Whether the interests of purchasers from a purchaser of the deceased's land should be addressed before confirmation of grant.
- 3 Whether the petitioner lawfully excluded the protestors from the list of beneficiaries.
Ratio Decidendi
The court found that the protestors had provided sufficient documentary evidence to establish that Tadeo Ouma Okumu purchased land from the deceased, and that the protestors in turn purchased portions from Tadeo Ouma Okumu. Since the transfer to Tadeo Ouma Okumu was not completed before the deceased's death, the protestors' interests remained unaddressed in the estate. The court held that the petitioner must file a fresh application for confirmation of grant that includes the protestors' interests, recognizing their legitimate claim to the estate. The protestors are entitled to have their interests considered before the grant is confirmed, and if the petitioner fails to comply, the...
Court Disposition
protest allowed; petitioner ordered to file fresh confirmation of grant addressing protestors' interests
Orders
- Petitioner to file another confirmation of grant within 30 days addressing the interests of the protestors.
- If petitioner fails to comply, protestors at liberty to move the court.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
PROBATE & ADMINSTRATION NO. 430 OF 2012
IN THE MATTER OF THE ESTATE OF:
PETER MAKHOHA BULUMA.........................................................DECEASED
BETWEEN
MOSES JUMA ODUORI
PATRICK SANYA OJIAMBO
JAMES WANDERA OKUMU....................................................... PROTESTORS
AND
FREDRICK RUMA MAKHOHA.....................................................PETITIONER
RULING
1. Before the grant herein was confirmed, the protestors herein filed an affidavit of protest dated 24th April 2018. They are claiming to have been left out as beneficiaries. Their protest is premised on the following grounds:
a) That one Tadeo Ouma Okumu had purchased a portion of land from Peter Makhoha Buluma, the deceased herein.
b) That the said Peter Makhoha Buluma died before effecting the transfer to the said Tadeo Ouma Okumu.
c) That they purchased portions of the same land from Tadeo Ouma Okumu, who also died before he could pursue his right with the estate of the deceased herein.
d) That the petitioner excluded them from the list of beneficiaries herein.
2. The application was opposed on the following grounds:
a) That at the time of the agreement the petitioner was too young to know what was going on.
b) That the protestors are encroaching on the land forming the estate of the deceased.
3. After hearing the protestors and the petitioner, the following facts have emerged:
(i) That the land which the protestors occupy has and is recognized by the protestor as belonging to Tadeo Ouma Okumu. He only realized upon conducting a search that the land occupied by Tadeo Ouma Okumu fell in the estate of the deceased.
(ii) There are documents that support the contention by the protestors that Tadeo Ouma Okumu purchased land from Peter Makhoha Buluma, the deceased herein.
(iii) There is evidence that support the contention that the protestors purchased some land from Tadeo Ouma Okumu.
4. I am therefore satisfied that the protestors have a genuine claim from the estate of the deceased since the transfer to Tadeo Ouma Okumu had not been effected. The petitioner is therefore ordered to file another confirmation of grant within 30 days which addresses the interests of the protestors. Failure to do so, the protestors will be at liberty to move the court.
5. Each party will meet own costs.
DELIVERED and SIGNED at BUSIA this 4th day of February, 2020
KIARIE WAWERU KIARIE
JUDGE