[2015] KEHC 2699 (KLR)
The court found that the initial proposed distribution did not provide for the widows of the deceased. Upon the court's intervention, the parties reached a consent that included the widows in the distribution of specific parcels of land. The court confirmed that all parties, including the widows, agreed to the...
Source-derived case information.
- Citation
- [2015] KEHC 2699 (KLR)
- Parties
- Applicant: Estate of Tinkoi Ole Nkaragga (Deceased); Respondent: Sokoto ene Tinkoy
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2001 of 2012
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- Application for confirmation of grant allowed by consent; estate to be distributed as agreed by the parties.
- Judges
- DN Musyoka
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate, Provision for Widows
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Estate of Tinkoi Ole Nkaragga (Deceased)
Applicant
Sokoto ene Tinkoy
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the proposed distribution of the deceased's estate made adequate provision for the widows.
- 2 Whether the consent reached by the family regarding distribution should be adopted by the court.
Ratio Decidendi
The court found that the initial proposed distribution did not provide for the widows of the deceased. Upon the court's intervention, the parties reached a consent that included the widows in the distribution of specific parcels of land. The court confirmed that all parties, including the widows, agreed to the revised mode of distribution, with the additional stipulation that one widow's share should not be sold. The court therefore allowed the application for confirmation of grant and ordered that the estate be distributed in accordance with the consented mode of distribution, ensuring compliance with the principles of equitable distribution under the Law of Succession Act.
Court Disposition
Application for confirmation of grant allowed by consent; estate to be distributed as agreed by the parties.
Orders
- The application dated 29th October 2014 is allowed.
- The estate shall be distributed as per the mode of distribution stated in the consent and as recorded in paragraph 2 of the ruling.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 2001 OF 2012
IN THE MATTER OF THE ESTATE OF TINKOI OLE NKARAGGA (DECEASED)
RULING
When the Summons for confirmation of grant dated 29th October 2014 came before me on 14th January 2015, I noted that the widows of the deceased had not been provided for in the proposed distribution. I placed the file aside and asked counsel appearing for the estate, Mr. Momanyi, to consult with the family with a view to making provision for the two widows.
After sometime they came back to report that they had reached a consent which was stated by Mr. Momanyi as follows:-
Kajiado/Mailua/3594 – to Leteiyio Tinkoy Nkairraga and Muntet ene Tinkoy.
Kajiado/Mailua/3599 – to Nkela Tinkoy Nkairraga and Muntet ene Tinkoy;
Kajiado/Mailua/3596 – to Mirishi Tinkoy Nkairraga and Sokoto ene Tinkoy;
Kajiado/Mailua/3597 – to Mukumpa Tinkoy Nkairraga and Sokoto ene Tinkoy;
Kajiado/Mailua/3592 – to Koin ene Meritei and George ene Meritei; and
The rest of the parcels to be distributed as per the consent to mode of distribution filed in court on 17th and 18th November 2014.
When I sought the concurrence of Sokoto ene Tinkoy, she confirmed the understanding stated by Mr. Momanyi, but stated that the share due to her should not be sold.
As the parties are in agreement on how the estate of the deceased is to be shared out, I do hereby allow the application dated 29th October 2014. The estate shall be distributed as per the mode of distribution stated at paragraph 2 here above.
DATED, SIGNED and DELIVERED at NAIROBI this 25TH DAY OF SEPTEMBER, 2015.
W. MUSYOKA
JUDGE