Saina Makokha Kanyanya & another v Fatuma Owiti Kanyanya [2016] KEHC 7212 (KLR)
- Court
- High Court of Kenya
- Case number
- 7212
- Citation
- [2016] KEHC 7212 (KLR)
- Decided
- 26 January 2016
The protestor's protest is allowed, and the deceased's estate, specifically Parcel No. East Wanga/Lubinu/1829, is to be shared equally between the protestor and the widow, Saina Makokha Kanyanya, with the widow having a life interest. Parcel No. East Wanga/Lubinu/1831 is to be distributed as proposed by the petitioners.
Facts
The deceased, Sheban Kanyanya Nangabo, died intestate on 5th September, 2013, leaving behind two parcels of land. The petitioners, Saina Makokha Kanyanya and Fatuma Nyarotso Otengo, petitioned for a joint grant of letters of administration intestate. The protestor, Fatuma Owiti Kanyanya, contested the distribution of the estate, particularly regarding Parcel No. East Wanga/Lubinu/1829.
Issues
- Distribution of the deceased's estate
- Right of the protestor to inherit Parcel No. East Wanga/Lubinu/1829
Reasoning
The court ruled in favor of the protestor, stating that the deceased's only known estate is Parcel No. East Wanga/Lubinu/1829, and the law of Succession Act applies. The deceased was a polygamous man with two wives, and the estate is to be shared equally between the protestor and the widow, with the widow having a life interest.
Outcome
The protestor's protest is allowed.
Orders
- Parcel No. East Wanga/Lubinu/1829 to be shared equally between the protestor and the widow, with the widow having a life interest
- Parcel No. East Wanga/Lubinu/1831 to be distributed as proposed by the petitioners
Remedies
- The protestor is to be given an equal share of Parcel No. East Wanga/Lubinu/1829 with a life interest
- The widow is to be given an equal share of Parcel No. East Wanga/Lubinu/1829 with a life interest
- Parcel No. East Wanga/Lubinu/1831 to be distributed as proposed by the petitioners
Authorities cited
Legislation (1)
- Law of Succession Act (Cap 160) Laws of Kenya
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