Scolastica Ndululu Suva v Agnes Nthenya Suva [2019] KECA 1053 (KLR)
- Court
- Court of Appeal
- Case number
- 1053
- Citation
- [2019] KECA 1053 (KLR)
The High Court's judgment is upheld. The estate is to be distributed in the ratio of 40% to Agnes Nthenya Suva and 60% to be shared equally among the remaining 12 beneficiaries.
Facts
The deceased, Justus Munyori Suva, died intestate on October 23, 2002. Letters of administration were issued to his widows, Scolastica Ndululu Suva and Agnes Nthenya Suva. The parties could not agree on the distribution of the estate, particularly regarding two properties acquired before the marriage of the deceased to Agnes.
Issues
- Distribution of the deceased's estate
- Applicability of Section 40 of the Law of Succession Act
- Matrimonial property law vs. Succession law
Reasoning
The court found that Agnes contributed financially to the acquisition of the properties and that it would be unfair to share the proceeds equally. The distribution was thus adjusted to reflect Agnes's contribution.
Outcome
Appeal dismissed
Orders
- Agnes Nthenya Suva to receive 40% of the estate proceeds
- The remaining 60% to be shared equally among the 12 other beneficiaries
Authorities cited
Legislation (1)
- Law of Succession Act
Cases cited (2)
- Francis Mwangi Thiongo & 4 others v. Joseph Mwangi Thiongo [2015] eKLR
- Mary Ronoh v. Jane Ronoh & Another, [2005] eKLR
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