. AMBROSE MUSYOKA WAMBUA & 3 OTHERS V WILSON MORRIS WAMBUA [2012] KEHC 2743 (KLR)
- Court
- High Court of Kenya
- Case number
- 2743
- Citation
- [2012] KEHC 2743 (KLR)
- Decided
- 15 June 2012
The estate's subdivision is deemed invalid. The net intestate estate shall be equally divided among the surviving widows and grandchildren. Assets not amenable to subdivision should be sold and proceeds shared equally.
Facts
The deceased left a vast estate including movable and immovable assets. The estate was divided among the deceased's children, daughters-in-law, and grandchildren. Wilson Morris Wambua objected to the distribution, claiming the petitioners had not accounted for proceeds from the sale of some properties and that the deceased had not sold and transferred 3 parcels of land to the third petitioner.
Issues
- Validity of the estate's subdivision
- Distribution of the estate
- Redress for Alex Mutua, Justine Mumbi, and Paul Abuto Omanga
Reasoning
The court found the estate's subdivision invalid due to lack of evidence of the deceased's lifetime sale and transfer of 3 parcels. The net estate should be equally divided among the surviving children, daughters-in-law, and grandchildren.
Outcome
The petitioners' application for confirmation of the grant was upheld.
Orders
- The estate's subdivision is deemed invalid and will revert to its original position.
- Alex Mutua, Justine Mumbi, and Paul Abuto Omanga should seek redress from the petitioners.
- Plot numbers 2962 Lukenya and Kaseve Plot No. 6 shall be included in the assets of the deceased.
- The net intestate estate shall be equally divided among the surviving widows and grandchildren.
- Assets not amenable to subdivision should be sold and proceeds shared equally.
Remedies
- Redress for Alex Mutua, Justine Mumbi, and Paul Abuto Omanga
Authorities cited
Legislation (1)
- Law of Succession Act
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