Ngao v Ngao (Civil Appeal 401 of 2017) [2023] KECA 123 (KLR) (3 February 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 123
- Citation
- [2023] KECA 123 (KLR)
- Decided
- 3 February 2023
The court held that the deceased had two widows and three children with the appellant. The court found that the properties were jointly owned between the respondent and the deceased, and the deceased's estate was available for distribution in the ratio of 50:50.
Facts
The deceased, Stephen Kabibia Ngao, died intestate on 21st May 2000. The parties, Elizabeth Musili Ngao (appellant) and Aqwililina Ndunge Ngao (respondent), applied for letters of administration intestate. The respondent sought equal distribution of the deceased's estate, while the appellant protested and proposed a different distribution.
Issues
- Distribution of the deceased's estate
- Contribution of the spouses to the acquisition of properties
Reasoning
The court applied the principle of equitable distribution, considering the contribution of the spouses and the relevant legal provisions. The court dismissed the appeal, finding that the trial court's decision was correct.
Outcome
Appeal dismissed with costs to the respondent
Authorities cited
Legislation (2)
- Law of Succession Act
- Constitution of Kenya
Cases cited (3)
- Rono v Rono (2005) eKLR
- Mugo Muiru Investments Limited vs E W B & 2 others (2017) eKLR
- Margaret Mwangi Okwengu decision
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