ALICE MUTHONI vs SAMUEL GICHUKI WAITHUKI [2002] KEHC 1020 (KLR)
- Court
- High Court of Kenya
- Case number
- 1020
- Citation
- [2002] KEHC 1020 (KLR)
- Decided
- 22 November 2002
The suit property will vest in the objector and his unmarried sisters. The second petitioner will have a life interest thereon.
Facts
The deceased had two parcels of land, OTHAYA/IHURIRIO/276 and OTHAYA/IHURIRIO/452. The first petitioner, the grandson of the deceased, claims 5/35 acres of the suit property (OTHAYA/IHURIRIO/452) to ensure equal shares of the estate. The second petitioner, the wife of the deceased, claims the entire suit property. The objector, the son of both the deceased and the second petitioner, disputes the claim.
Issues
- Distribution of the deceased's estate
- Ownership of the suit property
Reasoning
The court found the first petitioner less than candid and dismissed his petition. The deceased had made provisions for each of his two houses, and the court deemed it inequitable to give the first petitioner's father about 10 acres while the objector remains with only 5 acres.
Outcome
Objector's case upheld
Orders
- Suit property will vest in the objector and his unmarried sisters
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