[2022] KEHC 16677 (KLR)
The court accepted the consent of all administrators and surviving beneficiaries as a valid and binding resolution of the dispute regarding the distribution of the estate of Thomas Wachesa Boyi. The court found that Anna Adhiambo's relinquishment of her interest was voluntary and properly recorded. The arrangement...
Source-derived case information.
- Citation
- [2022] KEHC 16677 (KLR)
- Parties
- Applicant: Joshua Erick Juma; Applicant: William Oluoch Wachesa Ochieng; Respondent: Alfred Gori Omuono; Respondent: Nicanor Kasuku Wambwaya
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 194 of 2008
- Procedural Posture
- Succession Cause / Ruling on Distribution of Estate by Consent
- Outcome
- Consent order recorded for distribution of estate as agreed by all parties; certificate of confirmation of grant to issue accordingly.
- Judges
- RE Aburili
- Legal Topics
- Succession, Estate Distribution, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joshua Erick Juma
Applicant
William Oluoch Wachesa Ochieng
Applicant
Alfred Gori Omuono
Respondent
Nicanor Kasuku Wambwaya
Respondent
Procedural Posture
Succession Cause / Ruling on Distribution of Estate by Consent
Legal Issues
- 1 Whether the estate of the deceased should be distributed in accordance with the consent of all beneficiaries and administrators.
- 2 Whether the relinquishment of interest by Anna Adhiambo is valid and binding on the estate distribution.
- 3 Whether the trust arrangement for the shares of Joyce Ng'onga and Helida Asiko is appropriate.
Ratio Decidendi
The court accepted the consent of all administrators and surviving beneficiaries as a valid and binding resolution of the dispute regarding the distribution of the estate of Thomas Wachesa Boyi. The court found that Anna Adhiambo's relinquishment of her interest was voluntary and properly recorded. The arrangement for the three surviving sons to share the land equally, with the portion containing rental rooms to be shared between the houses of Joyce Ng'onga and Helida Asiko, was deemed fair and in accordance with the wishes of the parties. The shares of Joyce Ng'onga and Helida Asiko are to be held in trust by Alfred Gori Omuono and Nicanor Kasuku Wambwaya for themselves and their...
Court Disposition
Consent order recorded for distribution of estate as agreed by all parties; certificate of confirmation of grant to issue accordingly.
Orders
- The estate of the deceased shall be distributed as per the recorded consent.
- The three surviving sons shall share land Kisumu/Nyalenda ‘A’/182 in equal portions, except the portion with rental rooms, which shall be shared equally between the house of Joyce Ng'onga (represented by Alfred Gori Omuono) and Helida Asiko (represented by Nicanor Kasuku Wambwaya).
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Thomas Wachesa Boyi alias Thomas Wacheza Boi (Deceased) (Succession Cause 194 of 2008) [2022] KEHC 16677 (KLR) (19 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16677 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 194 of 2008
RE Aburili, J
December 19, 2022
IN THE MATTER OF THE ESTATE OF THOMAS WACHESA BOYI ALIAS THOMAS WACHEZA BOI (DECEASED) AND IN THE MATTER OF AN APPLICATION BY JOSHUA ERICK JUMA AND WILLIAM OLUOCH WACHESA OCHIENG
Ruling
1. This matter has been pending in court for a very long time. The parties-beneficiaries of the estate of the deceased Thomas Wachesa Boi are present today in Court and after being interviewed by the Court, they have agreed to settle the issues that have kept them away from sharing the estate.
2. Accordingly, a consent hereby recorded as follows:“By consent of all the administrators and the surviving beneficiaries, the estate of the deceased Thomas Wachesa Boyi alias Thomas Wacheza Boi shall be distributed as follows, Anna Adhiambo, a daughter having relinquished her interest in the estate:1. That the three surviving sons shall share the land Kisumu/Nyalenda ‘A’/182 in equal portions leaving out the portion with rental rooms which shall be shared equally between the house of Joyce Ngong’a represented by Alfred Gori Omuono and Helida Asiko represented by Nicanor Kasuku Wambwaya.2. The shares of Joyce Ng’onga and Helida Asiko shall be held by Alfred Gori Omuono and Nicanor Kasuku Wambwaya respectively, in trust for themselves and for all their siblings, children of Joyce Ng’onga and Helida Asiko respectively.
3. The distribution of the estate to be completed within the next 6 months from the date hereof in default, the court shall recall the grant and Certificate of confirmation of the grant and revoke them accordingly.
4. Certificate of confirmation of grant to issue in terms of this consent order.
5. I so order.
6. Mention on 19/6/2023 to confirm completion of the distribution of the estate and for closure of the file.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE