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In re Estate of Jason Akwanyi (Deceased) (Succession Cause 241 of 1990) [2023] KEHC 27194 (KLR) (21 December 2023) (Ruling)

In re Estate of Jason Akwanyi (Deceased) (Succession Cause 241 of 1990) [2023] KEHC 27194 (KLR) (21 December 2023) (Ruling)
Citation
In re Estate of Jason Akwanyi (Deceased) [2023] KEHC 27194 (KLR)
Media Neutral Citation
[2023] KEHC 27194 (KLR)
Court
High Court
Court station
High Court at Kakamega
Outcome
Allowed
Case number
Succession Cause 241 of 1990
Attorneys
Judges
PJO Otieno
Judgment date
21 December 2023
Language
English
Type
Judgment
Original source file
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Collections
Date published
11 January 2024
Case action
Ruling
Court division
Family
Filing county
Kakamega
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1.Pursuant to the judgment of the court dated 17.9.2014, the estate was distributed between three beneficiaries as follows;1.Margaret Kubende representing 1st house – 3.5 acres2.Agnes Achieng representing 2nd house – 3.5 acres3.Clement Omondi Okwanyi representing 3rd house – 5.4 acre
2.None of the parties seeks interference with that distribution. There is not even a dispute as to the membership of the three households. The only contestation appears to be whether a purchaser of a portion of the estate land measuring 2 ½ acres from the members of the first household should be included in the certificate of confirmation of grant.
3.To this court, a sale of an estate assets prior to confirmation and distribution without the consent or authority of the court is contra statute and cannot be blessed by the court ratifying same. To that extent, the court cannot acknowledge the sale as sought by Isha Nakhayo Kabuchenyi and Rosemary Wesonga Ahibeda.
4.The court shall restrict itself to the mandate of only dealing with the persons entitled to the estate in intestacy. To bring the buyer unto the table of distribution would be to unjustifiably interfere with the judgment of the court without a legal basis.
5.The judgment of the court remaining intact and only being disturbed by death of some of the beneficiaries must be enforced so as to bring matter to conclusion. For that reason, the court directs that parties shall attend court on 29.01.2024 and address it on how to implement the certificate of confirmation of grant issued herein.
7.Each party shall bear own costs.
DATED, SIGNED AND DATED AT KAKAMEGA THIS 21ST DECEMBER, 2023.HON. P.J.O. OTIENOJUDGEIn the presence of:Ms. Munihu for the petitionerNo appearance for the objectorCourt assistant: Polycarp
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