[2018] KEHC 688 (KLR)
The court found that the applicants, as administrators, had complied with all statutory requirements for confirmation of grant under section 71 of the Law of Succession Act. The beneficiaries, including all wives and children of the deceased, had provided written consents to the proposed mode of distribution, which...
Source-derived case information.
- Citation
- [2018] KEHC 688 (KLR)
- Parties
- Applicant: Solomon Toison; Applicant: James Toison; Applicant: Emmanuel Toison
- Court
- High Court
- Court Station
- High Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 45 of 2016
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant
- Outcome
- grant confirmed
- Judges
- DB Nyakundi
- Legal Topics
- Intestate Succession, Distribution of Estate, Confirmation of Grant, Polygamous Families, Life Interest, Minor Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Solomon Toison
Applicant
James Toison
Applicant
Emmanuel Toison
Applicant
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant
Legal Issues
- 1 Whether the summons for confirmation of grant meets the requirements under section 71 of the Law of Succession Act.
- 2 Whether the proposed mode of distribution complies with sections 35, 38, and 40 of the Law of Succession Act regarding polygamous families and equal distribution among beneficiaries.
- 3 Whether all necessary consents from beneficiaries and dependants have been obtained.
Ratio Decidendi
The court found that the applicants, as administrators, had complied with all statutory requirements for confirmation of grant under section 71 of the Law of Succession Act. The beneficiaries, including all wives and children of the deceased, had provided written consents to the proposed mode of distribution, which reflected equal sharing in accordance with sections 35, 38, and 40 of the Act, addressing the polygamous nature of the family. The court was satisfied that the distribution plan provided for the life interest of the surviving spouses and ensured that minor beneficiaries' shares would be held in trust until they attained majority. The court confirmed the grant of letters of...
Court Disposition
grant confirmed
Orders
- The Grant of Letters of Administration issued on 27/6/2017 is confirmed in terms of the amended consent filed on 14/2/2018.
- Administrators to file a probate account within six months pursuant to section 83(g) of the Law of Succession Act.
Full Case Text
Judgment text and source record
39 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAJIADO
SUCCESSION CAUSE NO. 45 OF 2016
IN THE MATTER OF THE ESTATE OF TOISON LEINA MURARE ALIAS TOISON LEINA MUKARE (DECEASED)
RULING
The deceased Toison Leina Murare died intestate on 3/9/2015 and was survived with three wives and twelve children as per the Chief’s letter dated 29/7/2016.
On application to this court Solomon Toison, James Toison and Emmanuel Toison were issued with Grant of Letters of Administration as administrators of the Estate dated 27/6/2017. The deceased was the registered proprietor of LR. No. Kajiado/Kipeto/5026. Consequently, the administrators sought confirmation of grant vide summons dated 2/10/2017.
The summons for confirmation is supported by joint affidavit sworn by Solomon Toison, James Toison and Emmanuel Toison. From the record six months have lapsed since the initial grant of letters of administration, section 71 of the Law of succession provides for the criteria of confirmation of grant after the expiry of six months.
I note that the beneficiaries have filed the necessary consents on the mode of distribution filed in court on 14/2/2018. According to the consent and affidavit in support the family has agreed to distribute the Estate as follows:
1. Kelvin Tom Mogeni LR No. KJD/Kipeto/5026 - 15 acres
2. Silanto Ene Toison - 17. 86 acres
3. Saeiken Mukare (widow) Kajiado/Kipeto/5026 – 17. 86 acres
4. Kamurrar Mkare (widow) LR. KJD/Kipeto/5026 – 17. 86 acres
5. Emmanuel Toison LR. KJD/Kipeto/5026 – 1786 acres
6. Noah Toison LR. KJD/Kipeto/5026 – 17. 86 acres
7. Mosoito Toison LR. KJD/Kipeto/5026 – 17. 86 acres – minor 12 years to be held in trust by Sariken Mukare until age of majority.
8. Nkamunu Toison LR. KJD/Kipeto/5026 – 17. 86 – minor 9 years to be held in trust by Silanto Mukare until the age of majority
9. Solomon Toison LR. KJD/Kipeto/5026 – 17. 86 acres
10. Ntei Toison LR. /KJD/Kipeto/5026 – 17. 86 acres
11. Purity Toison (child) LR. KJD/Kipeto/5026 – 17. 86 acres – to be held in trust by Kamurrar Mukare until age of majority
12. Tetu Toison LR. KJD/Kipeto/5026 – 17. 86 acres
13. James Toison LR. KJD/Kipeto/5026 – 17. 86 acres
14. Letuya Toison LR. KJD/Kipeto/5026 – 17. 86 acres
15. Kiranti Toison LR. KJD/Kipeto/5026 – 17. 86 acres
16. Kishanto Toison LR. KJD/Kipeto /5026 – 17. 86 acres
17. Joyce Nenkimas (married daughter) LR. KJD/Kipeto/5026 – 5 acres
18. The Dam be jointly owned by the two widows.
19. Alice Namosu (married daughters) LR. KJD/Kipeto/5026 – 5 acres
There is evidence that the petitioners obtained the necessary consents from all the dependants of the deceased. Section 40 of the Law of Succession addresses situations of polygamous family as it is the present case. Under section 35 of the Act after provision of the life interest to the spouses, the rest of the Estate should be shared equally between each of the children.
I do find the spirit under section 35, 38 and 40 on equal distribution of the Estate of the deceased has been complied with.
I thus find that the petitioners summons for confirmation of Grant has satisfied the provisions of section 71 of the law of succession cap 160. The proposals on distribution in terms of the amended consent filed in court on 14/2/2018 qualifies that provision. Consequently, I shall confirm the Grant of Letters of Administration issued on 27/6/2017 to the petitioners save that within six months a probate account be filed with the court pursuant to section 83G of the Act.
I make no orders as to costs.
Dated, delivered and signed in open court at Kajiado this 14th February, 2018.
…………………………………..
R. NYAKUNDI
JUDGE
Representation
Ms. Makori for the Petitioners – present
All Beneficiaries - Present