In re Estate of Habiba Galgalo Guyo (Deceased) (Succession Cause 30 of 2018) [2018] KEKC 36 (KLR) (19 December 2018) (Judgment)
- Court
- KEKC
- Case number
- 36
- Citation
- [2018] KEKC 36 (KLR)
- Decided
- 19 December 2018
The court held that the estate is available for distribution to the heirs, but the properties were distributed by the deceased in her lifetime and are not available for redistribution.
Facts
The deceased, Habiba Galgalo Guyo, died in January 2018, leaving behind a two hectare plot at Maisha Bora, a house with two rental rooms, 13 cows, and 120 goats. She had five children, two sons and three daughters. The petitioner, Adan Galgalo Guyo, claims the estate is available for distribution, while the respondent, Madina Galgalo Guyo, argues that the estate was already distributed in the deceased's lifetime.
Issues
- Whether the estate is available for distribution to heirs
- Whether the estate was distributed by the deceased in her lifetime
Reasoning
The court found that the deceased distributed her properties to all her children before her death, and the properties were registered in each heir's name since 2007. The court ruled that the distribution of properties in the deceased's lifetime falls under gifts, and the deceased was entitled to give gifts to her children provided they are fair to all the children.
Outcome
The court ruled that the estate is available for distribution to the heirs, but the properties were distributed by the deceased in her lifetime and are not available for redistribution.
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