Grace Samson Komen v William Kiprop Komen & 2 others [2015] KECA 818 (KLR)
- Court
- Court of Appeal
- Case number
- 818
- Citation
- [2015] KECA 818 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the High Court judgmentCoramS. Gatembu Kairu, K. M'Inoti, J. Mohammed
Holding
The court affirmed the distribution of LR 10684, but reversed the allocation of 150 acres to Sote Komen and the sale of 66 acres for estate settlement.
Facts
The deceased, Kobowen Komen, had three wives: his mother (first widow), Rachel Chepng’eno (third widow), and Sote Komen. Sote was married to someone else but had a child with the deceased. The deceased's estate, including LR 10684 Njoro, was to be distributed.
Issues
- Whether the learned judge erred in distributing LR 10684 in the manner she did
- Whether Sote Komen is a widow and her provision out of LR 10684 should be increased
Reasoning
The court reviewed the evidence and found that Sote Komen was not a widow of the deceased, thus the distribution of LR 10684 was upheld.
Outcome
Affirmed the distribution of LR 10684, but reversed the allocation of 150 acres to Sote Komen and the sale of 66 acres for estate settlement.
Orders
- LR 10684 to be allocated to the appellant and her children exclusively
- Reversal of the allocation of 150 acres to Sote Komen
- Reversal of the order for excision and sale of 66 acres for estate settlement
Authorities cited
Cases cited (3)
- Selle v Associated Motor Boat Co. Ltd
- Williamson Diamond Ltd v Brown
- Mbogo & Another vs. Shah
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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