In re Estate of Justus Buuri (Deceased) (Succession Cause 111 of 2019) [2024] KEMC 90 (KLR) (26 January 2024) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 90
- Citation
- [2024] KEMC 90 (KLR)
- Decided
- 26 January 2024
The court finds that there was no written will admissible in law for the purposes of the succession of the estate. The deceased's wishes were expressed orally and openly, and the court upholds the objection by Martin Kabori Buuri, ordering the estate to be distributed as per the deceased's wishes.
Facts
The deceased, Justus Buuri, had two parcels of land, Abothuguchi/Kithirune/150 and Abothuguchi/Kithirune/1767. The petitioners, Naomi Mukiri Buuri and Arnold Mutuma Buuri, sought to confirm the grant of letters of administration and proposed a distribution ratio. Martin Kabori Buuri objected, claiming his father had verbally and openly expressed his wishes for the land distribution.
Issues
- Non-existence of a Will
- Mode of distribution of the Estate
Reasoning
There is no evidence of a written will. The deceased expressed his wishes orally and openly, and the court upholds the objection, distributing the estate as per the deceased's wishes.
Outcome
Appeal upheld, objection by Martin Kabori Buuri is granted
Orders
- The estate shall be distributed as per the deceased's wishes
Remedies
- Each party shall bear its own costs
Authorities cited
Legislation (1)
- Evidence Act
Cases cited (1)
- In the circumstances, I find that the deceased established his wishes on how his two parcels of land were to be divided during his lifetime...the proposed mode of distribution of the petitioners respects the wishes of the deceased.
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