[2019] KEHC 17 (KLR)
The court found that the estate had been equitably distributed among all bona fide beneficiaries by agreement, as evidenced by the affidavits and schedule of distribution. The widow, Jane Agutu Ndweyi Okoth, was granted a life interest in the homestead land parcel (East Gem/Marenyo/1516) and was to hold it in trust...
Source-derived case information.
- Citation
- [2019] KEHC 17 (KLR)
- Parties
- Applicant: Jane Agutu Ndweyi Okoth; Applicant: Samuel Peter Okoth Ndweyi
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 121 of 2016
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- grant confirmed and estate distributed as per schedule
- Judges
- RE Aburili
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate, Life Interest, Trust for Minor
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Agutu Ndweyi Okoth
Applicant
Samuel Peter Okoth Ndweyi
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the estate of the deceased has been fully and equitably distributed among all bona fide beneficiaries.
- 2 Whether the widow is entitled to a life interest in the homestead land parcel and to hold it in trust for the minor beneficiary.
Ratio Decidendi
The court found that the estate had been equitably distributed among all bona fide beneficiaries by agreement, as evidenced by the affidavits and schedule of distribution. The widow, Jane Agutu Ndweyi Okoth, was granted a life interest in the homestead land parcel (East Gem/Marenyo/1516) and was to hold it in trust for the minor, John Paul Opiyo Ndweyi. Should the widow predecease the minor, the entire parcel would vest wholly in the minor. The court was satisfied that all procedural and substantive requirements for confirmation of grant and distribution of the estate had been met, with no objections from any beneficiaries.
Court Disposition
grant confirmed and estate distributed as per schedule
Orders
- The grant of letters of Administration intestate of the estate of the late Isaac Eliud Ndweyi Peter Okoth issued to Jane Agutu Ndweyi Okoth and Samuel Peter Okoth Ndweyi on 12/1/2017 is confirmed.
- The estate is to be distributed as per the attached schedule of distribution.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
SUCCESSION CAUSE NO. 121 OF 2016
IN THE MATTER OF THE ESTATE OF THE LATE ISAAC ELIUD NDWEYI PETER OKOTH
ELIUD NDWEYI PETER OKOTH.........................................DECEASED
VERSUS
JANE AGUTU NDWEYI AND ANOTHER.......................PETITIONERS
(Formerly Kisumu High Court Succession Cause No. 340 of 2015)
RULING
1. I have considered the summons for confirmation of the grant dated 17/4/2019 in respect of grant made on 12/1/2017 in favour of Jane Agutu Ndweyi Okoth and Samuel Peter Okoth Ndweyi. I have also considered the Affidavit in support of the summons and the further affidavits filed on 4/7/2019 attaching a schedule of distribution of the Estate.
2. I have also examined the beneficiaries who are before the court and the affidavits of the beneficiaries who are out of the country and those who are not present but sworn no objection affidavits.
3. I am satisfied that the Estate of the deceased Isaac Eliud Ndweyi Peter Okoth is fully and equitably distributed among the bonafide beneficiaries thereof by agreement as per the schedule of distribution attached save that the widow, Mrs. Jane Agutu Ndweyi Okoth shall in addition to holding Land Parcel No. East Gem/Marenyo/1516 in trust for the minor John Paul Opiyo Ndweyi, she will also hold a life interest in the said parcel of the land as that is where her homestead is and should she predecease John Paul Opiyo Ndweyi, the whole parcel will be wholly owned by the said John Paul Opiyo Ndweyi.
4. Accordingly, the grant of letters of Administration intestate of the estate of the late Isaac Eliud Ndweyi Peter Okoth issued to Jane Agutu Ndweyi Okoth and Samuel Peter Okoth Ndweyi on 12/1/2017 be and is hereby confirmed.
5. Orders accordingly.
Dated, signed and Delivered at Siaya this 8th Day of July 2019
R.E. ABURILI
JUDGE