Peris Nyabate Nyambane v Robert Omae Nyambane [2017] KEHC 7896 (KLR)
- Court
- High Court of Kenya
- Case number
- 7896
- Citation
- [2017] KEHC 7896 (KLR)
- Decided
- 7 February 2017
The court rules that the deceased's estate should be divided between his two houses, with the Petitioner entitled to a portion of Plot No. 1585 and the entire portion of Plot No. 3304. Plots No. B5 and No. 9362 are not part of the estate.
Facts
The deceased, John Nyambane Kinara, left an estate consisting of two plots of land. The Petitioner, Peris Nyabate Nyambane, obtained letters of administration intestate. The Objector, Robert Omae Nyambane, contested the grant, claiming the Petitioner was not entitled to a portion of the estate.
Issues
- Distribution of the deceased's estate
- Ownership of specific plots of land
Reasoning
The court finds that the deceased's estate should be divided according to the provisions of the Law of Succession Act, with the Petitioner entitled to a portion of Plot No. 1585 and the entire portion of Plot No. 3304.
Outcome
The court orders the Petitioner to amend her summons to exclude the property unavailable for distribution and to apply the mode of distribution prescribed by the law.
Orders
- Petitioner to amend summons to exclude Plots No. B5 and No. 9362
- Petitioner to apply for confirmation of grant with proportional distribution of available property
Remedies
- Amendment of summons to exclude disputed plots
Authorities cited
Legislation (1)
- Law of Succession Act (Cap 160 LOK)
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