In re Estate of Ali Kong’ani Kweyu alias Ali Kong’ani Kweyo alias Kong’ani Kweyu (Deceased) (Succession Cause 7B of 2018) [2024] KEHC 10550 (KLR) (26 August 2024) (Ruling)
- Court
- High Court of Kenya
- Case number
- 10550
- Citation
- [2024] KEHC 10550 (KLR)
- Decided
- 26 August 2024
The court declines to consider the conrmation of grant at this point until full disclosures are made regarding the children of the deceased and their particulars as well as an inventory of the assets.
Facts
The Petitioner, Saina Muranda Kong’ani, filed a summons for Conrmation of Grant of Estate, listing 28 children and 6 parcels of land. The Protester, Fatuma Maloba Kong’ani, protested the summons, stating she was unaware of its filing and had 6 children with the deceased. The Petitioner admitted to residing in 2 parcels of land, but the number of children and their distribution were unclear.
Issues
- Clarification of the number of children and their distribution among the deceased's wives
- Disclosure of the land parcels occupied by the Petitioner and the Protester
Reasoning
The court noted the unclear number of children and the lack of full disclosures, thus declining to proceed with the conrmation of grant.
Outcome
The court made directions for full disclosures and compliance within 30 days.
Orders
- The Petitioner to disclose the land parcel she currently occupies apart from Bukhayo/Kisoko/3041
- Consolata Shibwabo Kong’ani to disclose the land parcel she occupies in Ejinja
- The Petitioner and Protester to disclose the children of the deceased categorised into houses
- Compliance is within 30 days from the date of this Ruling
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