In re Estate of Enosh Okind Njoga (Deceased) [2022] KEHC 1062 (KLR)
- Court
- High Court of Kenya
- Case number
- 1062
- Citation
- [2022] KEHC 1062 (KLR)
Summary at a glance
TypeSuccessionPostureAppeal from confirmation of grantCoramJ.R. KARANJAH
The application for confirmation of the grant is dismissed, and the parties are advised to agree on a scheme of distribution based on the Succession Act or any other scheme acceptable to both.
Facts
The estate of Enosh Okinda Njoga was administered by his two surviving widows, Ruth Susan Okinda and Millicent Apondi Okinda. The estate comprised four parcels of land, and the grant was confirmed in 2014. A new grant was issued in 2018, and a dispute arose over the distribution of the estate.
Issues
- Mode of distribution of the estate
- Compliance with statutory provisions
Reasoning
The court held that the proposals made by the parties were not compliant with the Succession Act, and the statutory provisions must be applied. The court dismissed the application and advised the parties to return to the drawing board.
Outcome
Appeal dismissed
Orders
- Application for confirmation of grant dismissed
- Parties advised to agree on a scheme of distribution
Authorities cited
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