[2013] KEHC 853 (KLR)
The court found that there was no evidence to support the claim that part of the land was held in trust for a third party, and therefore the entire 9-acre parcel formed part of the deceased's estate. Applying Section 40 of the Law of Succession Act, the court held that all five children of the deceased, acknowledged...
Source-derived case information.
- Citation
- [2013] KEHC 853 (KLR)
- Parties
- Applicant: R N T; Respondent: M A B
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 680 of 2012
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- Grant of letters of administration confirmed; estate to be distributed equally among the five children.
- Legal Topics
- Succession, Distribution of Estate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
R N T
Applicant
M A B
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the estate of the deceased should be distributed equally among all the children of the two wives.
- 2 Whether part of the land was held in trust for a third party and should be excluded from the estate.
Ratio Decidendi
The court found that there was no evidence to support the claim that part of the land was held in trust for a third party, and therefore the entire 9-acre parcel formed part of the deceased's estate. Applying Section 40 of the Law of Succession Act, the court held that all five children of the deceased, acknowledged as such and with no evidence of exclusion or lack of maintenance, were entitled to equal shares of the estate. The court thus ordered that the land be distributed equally among the five children.
Court Disposition
Grant of letters of administration confirmed; estate to be distributed equally among the five children.
Orders
- A fresh grant of letters of administration by this court is hereby issued.
- The grant of letters of administration herein is confirmed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
SUCCESSION CAUSE NO. 680 OF 2012
IN THE MATTER OF THE ESTATE OFH B T –DECEASED
AND
R N T ………………….…. 1ST PETITIONER
VERSUS
M A B …………………… 2ND PETITIONER
R U L I N G
This summons for confirmation of grant is contested. There are two wives to the deceased that is R N T and M A B. They do not agree on the mode of distribution of assets. M has two children J H B and A B. R on the other hand has three children. They are I K H, R B T, H N B.
The asset in question is only one. It is land parcel [particulars withheld]. R is of the view that M should get only 2 acres as the land had already been divided and demarcated on the ground. She contends that 4 acres of the 9 acres were held in trust by the deceased for his brother R O T. However, no separate titles were annexed to support the said demarcation.
In this matter, letters of administration were initially granted by the Senior Resident Magistrate Mumias in Succession cause No. 14 of 2010. No evidence has been placed before me to support the contention of R that R O T is entitled to inherit from the estate. In case R wants to come to court he is free to do so. I take it that the whole 9 acres of land belonged to the deceased and formed his estate.
In my view, the Law of Succession Act (Cap. 60), Section 40 is clear. The distribution, as much as practicable should be on equal basis among survivors, or dependants. All children whom the deceased treated as his children or dependants are to benefit equally.
Since the five (5) children are acknowledged, and there is no evidence that the deceased did not maintain any of them, I order as follows –
A fresh grant of letters of administration by this court is hereby issued.
The grant of letters of administration herein is confirmed.
The land will be distributed equally among the five (5) named children.
Dated, singed and delivered at Kakamega this 28th day of November, 2013
George Dulu
J U D G E