WANGIGI KAMANU v KAMANU MUCHIRI [2007] KEHC 2046 (KLR)
- Court
- High Court of Kenya
- Case number
- 2046
- Citation
- [2007] KEHC 2046 (KLR)
The court finds that the land was registered in the name of the deceased's son and was given as a gift. The deceased's mother, as the surviving mother, is entitled to distribute the land among her surviving children and siblings.
Facts
The petitioner filed a petition for confirmation of grant before the expiration of 6 months. The objector filed a protest, alleging that the petitioner had sold a portion of land where the deceased's first wife was buried and that the land should be subdivided equally among the two wives.
Issues
- Who is the registered proprietor of the land?
- How should the deceased's estate be distributed among the beneficiaries?
Reasoning
The court ruled that the land was registered in the name of the deceased's son and was given as a gift. Since the deceased's mother is alive, she is entitled to propose how the land should be distributed among her surviving children and siblings.
Outcome
The court confirms the grant and orders the issuance of a certificate as per the amended affidavit of the petitioner.
Orders
- Order for the issuance of a certificate as per the amended affidavit of the petitioner.
Authorities cited
Legislation (1)
- Succession Act
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