[2021] KEHC 2015 (KLR)
The court cannot proceed with the distribution of the estate until all parties provide comprehensive affidavits detailing the assets of the estate, the beneficiaries, and the status of occupation of each parcel. The court's ability to distribute the estate fairly and in accordance with the Law of Succession Act is...
Source-derived case information.
- Citation
- [2021] KEHC 2015 (KLR)
- Parties
- Applicant: Vincent Sikuku Mulati; Applicant: Isaac Zacharia Mulati; Applicant: Emmanuel Mulati; Respondent: Wycliffe Wanjala Simiyu; Respondent: Amos Wabwile Mulati; Respondent: Teresa Nekesa Simiyu
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 137 of 2006
- Procedural Posture
- Probate and Administration / Preliminary Directions Before Judgment on Distribution of Estate
- Outcome
- Directions issued for parties to file comprehensive affidavits; distribution deferred.
- Judges
- SN Riechi
- Legal Topics
- Succession, Estate Distribution, Beneficiary Disclosure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Sikuku Mulati
Applicant
Isaac Zacharia Mulati
Applicant
Emmanuel Mulati
Applicant
Wycliffe Wanjala Simiyu
Respondent
Amos Wabwile Mulati
Respondent
Teresa Nekesa Simiyu
Respondent
Procedural Posture
Probate and Administration / Preliminary Directions Before Judgment on Distribution of Estate
Legal Issues
- 1 Whether the parties have provided a true, accurate and actual position of the estate for distribution.
- 2 Whether all assets, beneficiaries, and occupation statuses have been fully disclosed to the court.
Ratio Decidendi
The court cannot proceed with the distribution of the estate until all parties provide comprehensive affidavits detailing the assets of the estate, the beneficiaries, and the status of occupation of each parcel. The court's ability to distribute the estate fairly and in accordance with the Law of Succession Act is contingent upon full and accurate disclosure. The presence of undisclosed assets, disposed properties, and unreported occupation by dependants undermines the integrity of the distribution process. Therefore, the court directs all parties to file the required affidavits to ensure a just and lawful distribution.
Court Disposition
Directions issued for parties to file comprehensive affidavits; distribution deferred.
Orders
- All parties to file comprehensive affidavits detailing the assets of the estate, the beneficiaries, and the status of occupation of each parcel.
- Matter to be mentioned on 25/1/2022 at 2:30 pm for further orders.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUNGOMA
P & A CAUSE NO. 137 OF 2006
IN THE MATTER OF THE ESTATE OF ZACHARIA MULATI SIMIYU-DECEASED
VINCENT SIKUKU MULATI.................................................................1ST PETITIONER
ISAAC ZACHARIA MULATI...............................................................2ND PETITIONER
EMMANUEL MULATI..........................................................................3RD PETITIONER
VERSUS
WYCLIFFE WANJALA SIMIYU...........................................1ST INTERESTED PARTY
AMOS WABWILE MULATI.................................................2ND INTERESTED PARTY
AND
TERESA NEKESA SIMIYU..........................................................................PROTESTOR
RULING
As the court was preparing to write the judgment in this matter and upon perusing the file, the court notes that the issue coming up for determination is a distribution of the estate. As such, for the court to be able to distribute to the parties in terms of Section 40 of the Law of Succession Act, it is proper that the parties present a true, accurate and actual position of the estate.
In particular, the court notes that some properties of the estate have been disposed of and the titles transferred to third parties. These particular assets have not been disclosed. Some of the properties have equally been sub divided and allocated new numbers.
It is also clear that some of the dependants have settled in some of the parcels of land which fact has not been disclosed to the court.
As such, the parties herein are directed to file comprehensive affidavits detailing the assets of the estate, the beneficiaries and the status of occupation of each of the parcels of the estate.
The matter shall be mentioned on 25/1/2022 at 2. 30 pm for further orders of the court.
DATEDAT BUNGOMA THIS 17TH DAY OF NOVEMBER, 2021
S. N. RIECHI
JUDGE