Automated Summary
Deceased Name
Murunga Simwa
Key Facts
The case involves the distribution of the estate of Murunga Simwa, who died on 20.1.1981. The deceased's three sons and three daughters received portions of the estate, with the sons selling their shares. The suit land (plot S.KABRAS/SHIAMBERERE/315, 1.2 hectares) is occupied by multiple buyers including Margaret, Abwoba's family, and a church. The court directed a survey to map occupied portions and ordered cost sharing between parties before final distribution.
Issues
- The court needed to determine the distribution of the deceased's estate (S.KABRAS/SHIAMBERERE/315, 1.2 Hectares) among heirs, specifically resolving whether the daughters (including the petitioner and respondent) were entitled to land shares previously allocated to sons, and addressing conflicting claims over portions sold to third parties like Margaret and Abwoba's family.
- The court had to clarify the exact portions of the land currently occupied by various buyers (Margaret, Abwoba's family, church) to ensure a meaningful distribution of the estate, as the beneficiaries could not agree on the boundaries of sold and remaining land.
Date of Death
1981 January 20
Holdings
- The court directed the Kakamega Land District Registrar and Surveyor to visit the suit property (S.KABRAS/SHIAMBERERE/315) and mark out the portions occupied by various parties and purchasers.
- The court directed that the matter be listed for a final ruling on the distribution of the estate after the survey is completed.
- The court instructed the parties to share the costs of the survey work.
- The court found that the distribution of the suit land cannot be meaningfully determined without knowing the exact portions occupied by the buyers (Margaret's family, Abwoba's family, the church, and other purchasers).
Remedies
- Parties herein to share the costs of the survey work.
- The Kakamega Land District Registrar and Surveyor to visit the suit property number S.KABRAS/SHAMBERERE/315 and mark out the portions occupied by the family of Margaret, Abwoba's family, the portion occupied African Kenya of Soi Church, portions occupied and utilized by the two parties and any other purchaser on the ground.
- Thereafter the matter to be listed for final ruling on distribution of the estate.
Will Type
Intestacy
Probate Status
Pending
Legal Principles
Other
Succession Regime
Common-Law Intestacy
Executor Name
- Catherine Misiko
- Elemina Khamuye Chetto
Executor Appointment
- Granted letters of administration in Nairobi Succession Cause No. 3017 of 2003
- Granted letters of administration intestate on 2005-03-29, confirmed on 2006-03-21
Judge Name
SAID J. CHITEMBWE
Beneficiary Classes
Child / Issue
Passage Text
- 1. The Kakamega Land District Registrar and Surveyor to visit the suit property number S.KABRAS/SHAMBERERE/315 and mark out the portions occupied by the family of Margaret, Abwoba's family, the portion occupied African Kenya of Soi Church, portions occupied and utilized by the two parties and any other purchaser on the ground.
- The court visited the suit land on the 24.2.2014. The main issue for consideration is the distribution of the suit land. The deceased's estate is S.KABRAS/SHIAMBERERE/315 measuring 1.2 Hectares. According to the evidence on record and the situation on the ground it is established that there are several buyers who were occupying part of the land. The beneficiaries acknowledge that part of the land was sold but the exact portions sold to the buyers are not clearly indicated. It is therefore difficult at this stage to make any meaningful distribution of the estate without knowing the extent of the portions occupied by the buyers.