Kirotiana Enole Nchue v Noonkokua Ene Nchue [2017] KEHC 1045 (KLR)
- Court
- High Court of Kenya
- Case number
- 1045
- Citation
- [2017] KEHC 1045 (KLR)
- Decided
- 13 December 2017
The estate of the deceased will be divided among the houses according to the number of children in each house, with the first house receiving 34.43 Ha and the second house receiving 25.04 Ha.
Facts
The deceased, Tengeyo Ole Nchue, died intestate on March 5, 2010, leaving behind two wives, Kirotiana Enole Nchue and Noonkua Ene Nchue, and their respective children. The deceased owned a parcel of land measuring 59.63 Ha, which was divided between the two houses.
Issues
- Distribution of the deceased's estate
- Ownership of the suit land
Reasoning
The court applied Section 40(1) of the Law of Succession Act, which states that the estate should be divided among the houses according to the number of children in each house, adding any surviving wife as an additional unit.
Outcome
The estate of the deceased will be distributed as per the court's judgment.
Orders
- Grant of letters of administration to the deceased's widows
Authorities cited
Legislation (1)
- Law of Succession Act
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