Grace Samson Komen v William Kiprop Komen & 3 others [2017] KECA 778 (KLR)
- Court
- Court of Appeal
- Case number
- 778
- Citation
- [2017] KECA 778 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for certification of Appeal to the Supreme CourtCoramR. N. NAMBUYE, G. B. M. KARIUKI, P. O. KIAGE
Holding
The application is devoid of merit and dismissed with costs.
Facts
The applicant Grace Samson Komen seeks certification for her appeal to the Supreme Court, alleging that the issues raised are matters of general public importance.
Issues
- The extent to which courts are legally permitted to deviate from the ascertainable wishes of a deceased person in the distribution of his estate.
- Whether liabilities of an estate should be paid from the share of one house or unit or from the gross assets of the estate.
Reasoning
The issues sought to be engaged by the applicant are common and run of the mill matters that are daily fare in succession causes. The law on the distribution of an estate and liabilities of an estate are not novel or jurisprudentially challenging.
Outcome
Dismissed with costs
Authorities cited
Legislation (3)
- Article 163(4) of the Constitution of Kenya, 2010
- Rule 24(1) of the Supreme Court Rules, 2012
- Rule 42 of the Court of Appeal Rules, 2012
Cases cited (3)
- Koinange Investment & Development Ltd.
- Mwangi Stephen Muriithi V. Daniel Toroitich Arap Moi & Another
- Peter Oduor Ngoge V. Francis Ole Kaparo & 5 others SC Petition No. 2 of 2012
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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