[2016] KEHC 2072 (KLR)
The court found that the administrator, Susan Wakhulunya Mang’wana, failed to administer the estate strictly in accordance with the confirmed grant and did not ensure equitable distribution among all widows. The applicants, as co-widows, were entitled to participate in the administration and distribution of the...
Source-derived case information.
- Citation
- [2016] KEHC 2072 (KLR)
- Parties
- Applicant: Susan Wakhulunya Mang’wana; Applicant: Elizabeth Tsisiche Mang’wana; Applicant: Sarah Akinyi Mang’wana; Respondent: Michael Mang’ana Namatsi
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 93 of 2003
- Procedural Posture
- Probate and Administration Cause / Ruling on Application for Revocation of Grant and Redistribution of Estate
- Outcome
- Application allowed in part; co-administrators appointed; sales and transfers outside grant revoked; costs to petitioner.
- Legal Topics
- Succession, Revocation of Grant, Estate Distribution, Co Administration, Accounting of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan Wakhulunya Mang’wana
Applicant
Elizabeth Tsisiche Mang’wana
Applicant
Sarah Akinyi Mang’wana
Applicant
Michael Mang’ana Namatsi
Respondent
Procedural Posture
Probate and Administration Cause / Ruling on Application for Revocation of Grant and Redistribution of Estate
Legal Issues
- 1 Whether the grant issued to Susan Wakhulunya Mang’wana should be revoked due to improper administration of the estate.
- 2 Whether the applicants, as widows of the deceased, are entitled to co-administration and equitable distribution of the estate.
- 3 Whether sales and transfers of estate property outside the terms of the grant should be revoked.
Ratio Decidendi
The court found that the administrator, Susan Wakhulunya Mang’wana, failed to administer the estate strictly in accordance with the confirmed grant and did not ensure equitable distribution among all widows. The applicants, as co-widows, were entitled to participate in the administration and distribution of the estate. The court noted that sales and transfers of estate property outside the terms of the confirmed grant were improper and should be revoked. To ensure compliance and fairness, the court appointed the applicants as co-administrators with the 1st widow and ordered that the estate be distributed strictly in accordance with the confirmed grant. The court further ordered revocation...
Court Disposition
Application allowed in part; co-administrators appointed; sales and transfers outside grant revoked; costs to petitioner.
Orders
- The 2nd and 3rd widows are appointed co-administrators with the 1st widow to oversee distribution of the estate in strict compliance with the confirmed grant.
- Any sales, transfers, or titles acquired outside the grant are revoked.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
PROBATE & ADMINISTRATION CAUSE NO. 93 OF 2003
SUSAN WAKHULUNYA MANG’WANA ………………… PETITIONER/APPLICANT
VERSUS
MICHAEL MANG’ANA NAMATSI ……………….....................…………DECEASED
RULING
1. Before court is an application dated 8th May, 2015 by Elizabeth Tsisiche Mang’wana and Sarah Akinyi Mang’wana, 2nd and 3rd widows of the deceased Michael Mang’ana Namatsi as against the 1st widow and administrator of the estate Susan Wakhulunya Mang’wana for orders;
i. That there be revocation of grant issued to Susan Wakhulunya on 22nd February, 2012 and any other grant.
ii. That all buyers of the suit land from the date 1st grant issued on 22. 9.2011 as well as their registration be revoked.
iii. That there be fresh distribution of the deceased estate to accommodate the interest of the applicants.
iv. That the administrator be mandated to give account of the distribution and administration of the estate to date.
v. Further and other orders
vi. Costs.
2. The application is based on the grounds that; the deceased estate comprised of 165. 25 acres; the applicants as widows are entitled to shares in the estate; the administrator failed to administer the estate in accordance with the law and has sold portions of the estate;and distribution has not been equitable.
3. In a replying affidavit dated 26th May, 2016 the administrator confirmed that the estate comprised of 165. 25 acres. She however alleged that the 2nd widow was settled in Tongaren on approximate 50 acres whereas the 3rd was settled on land reference Manama/Shinamwenyuli/940 measuring 7 acres; further that the 2nd widow had allocated to her a 2 bedroomed house in Woodley Nairobi and an apartment; she further stated that in his lifetime the deceased sold a large portion of Bungoma/Kiminini/67 almost 80% and that on her part she only sold 31. 06 acres of the same.
4. From the record all the 3 widows including representatives of buyers appeared before Mabeya J, on the 10th of October, 2014 and by consent the parties confirmed that beneficiary buyers’ total acreage was 111. 875 acres. They agreed further that the balance of 31 acres was to be shared among family members.
5. From the affidavit of the 1st widow it is not clear when the 31 acres were sold.
6. The parties agreed that the grant confirmed on the 22nd February, 2012 was the one applicable for purposes of distribution. The same has not been revoked or amended safe for corrections made to the shares of Francis Mudibo Wamalwa and Peter Ongaya Ayub. I therefore reiterate that the same is what should be used for distribution of the estate.
7. Consequently, the 2nd & 3rd widows being the applicants herein are hereby made co-administrators with the 1st widow to oversee distribution of the estate in strict compliance with the grant.
8. Any sales, transfers and or titles acquired outside the grant be and are hereby revoked.
9. The petitioner to meet the costs of this application, since the administrator has failed to comply and apply the said grant.
DATED and delivered at BUNGOMA this 3rd day of November 2016
ALI-ARONI
JUDGE.