[2003] KEHC 136 (KLR)
The court found that the respondent's contention regarding the location of her matrimonial house was factually incorrect based on the report and photographic evidence presented. The house was situated solely on Plot No. Ngong/Ngong/11726, and Plot No. Ngong/Ngong/11725 only contained a pit latrine. The applicant's...
Source-derived case information.
- Citation
- [2003] KEHC 136 (KLR)
- Parties
- Applicant: Cecilia Ramtu Owiti; Respondent: Philomena Wanza Nzomo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1537 of 1999
- Procedural Posture
- Probate and Administration Cause / Ruling on Application for Confirmation of Grant
- Outcome
- Application for confirmation of grant allowed; estate to be distributed as proposed.
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Cecilia Ramtu Owiti
Applicant
Philomena Wanza Nzomo
Respondent
Procedural Posture
Probate and Administration Cause / Ruling on Application for Confirmation of Grant
Legal Issues
- 1 Whether the proposals for distribution of the estate are reasonable and fair.
- 2 Whether the objections raised by the respondent regarding the location of her matrimonial house are valid.
- 3 Whether the mother of the deceased should be included as a dependant in the distribution.
Ratio Decidendi
The court found that the respondent's contention regarding the location of her matrimonial house was factually incorrect based on the report and photographic evidence presented. The house was situated solely on Plot No. Ngong/Ngong/11726, and Plot No. Ngong/Ngong/11725 only contained a pit latrine. The applicant's proposals for distribution, which included the mother of the deceased as a dependant and allocated the matrimonial house and its plot to the respondent, were deemed reasonable and fair. No valid objection was established by the respondent, and the statement of accounts provided by the applicant was accepted as accurate. Accordingly, the application for confirmation of grant was...
Court Disposition
Application for confirmation of grant allowed; estate to be distributed as proposed.
Orders
- The application for confirmation of grant is allowed.
- The estate shall be distributed as per the proposals contained in the application.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
H.C. PROBATE AND ADMINISTRATION CAUSE NO. 1537 OF 1999
IN THE MATTER OF THE ESTATE OF LINK PIUS NYAGWALA
OWITI –(DECEASED
IN THE MATTER OF THE ESTATE OF LINK PIUS NYAGWALA
OWITI – (DECEASED)
CECILIA RAMTU OWITI……..……….….. PETITIONER/APPLICANT
VERSUS
PHILOMENA WANZA NZOMO …………… OBJECTOR/APPLICANT
R U L I N G
Before me is an application dated 5th December, 2001 seeking confirmation of the grant of letters of administration. The application is filed by a Co-administratix because of lack of Co-operation from the other administratix – a Co-wife.
The proposals made in the applications included the mother of the deceased as a dependant. During the hearing of the application it was agreed that the factual position of the two plots of land be ascertained on the face of the contention by the Respondent/Co-administratix that her matrimonial house is situate on both the plots.
She filed the report and it was made clear that her contentions were not correct. Her house is constructed along the southern boundary of Plot No. Ngong/Ngong/11726 and Plot No. Ngong/Ngong/11725 has a pit latrine at the extreme south Western corner. It is shown in a photograph No. IV attached to the report which is a wooden structure and its user is not on a routine basis. The House as shown is a fully developed and modern house. It is occupied by the Respondent as a matrimonial home and thus it has to go to her along with the plot whereon the same is situate and that is what is proposed. She has also filed statement of Accounts and no query was raised on its veracity. I shall thus take it as a true picture of account.
I have found no basis for objections raised by the Respondent on the application and I find that the proposals made in the application are reasonable and fair. I shall thus allow the application for confirmation as prayed and direct that the estate be distributed as per the proposals contained therein.
The parties shall bear their own costs.
Dated and delivered at Nairobi this 24th day of March, 2003.
K. H. RAWAL
JUDGE.