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High CourtPartially AllowedChamber summons application dated 8th August 2018 (Succession Cause, Kitale High Court)

In re Estate of the Deceased - Chamber Summons dated 8th August 2018 (Succession Cause, Kitale)

High Court of Kenya
11 December 2020
HCH K Chemitei
1,012 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The court clarified that estate disputes must follow specific legal paths, confirming the administrator's duties and directing land issues to the appropriate government departments.

What this practically means

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Executive summary

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The applicants, beneficiaries of a deceased's estate, brought a chamber summons dated 8th August 2018 seeking orders that the respondent administrator give accounts of her administration under Section 83 of the Law of Succession Act; that surveyors from Nandi and Trans Nzoia counties survey four estate parcels; that NANDI/KAMOBO/257 be expunged from the estate as it belonged to one Nyabera Kalika; that NANDI/KEBULONIK/242, omitted from the estate, be included; and that the second applicant's share be rectified from 5.7 to 9.7 acres. The respondent denied failing in her mandate, produced title deeds showing beneficiaries including the applicants had obtained their titles, and alleged the application was one of many delaying tactics, noting the second applicant had sold part of her share under an agreement she witnessed. The court noted prior litigation reaching the Court of Appeal and earlier orders of 5th December 2016, and that surveyors from both counties had attended court. It held the administrator had accounted for the estate, that acreage disputes were for the survey department, and that the second applicant's claim was answered by the uncontroverted sale agreement. However, finding no serious challenge to the applicants' assertions on the two disputed parcels, the court expunged NANDI/KAMOBO/257 from the grant confirmed on 12th July 2012 and included NANDI/KEBULONIK/242 in the estate, with liberty to apply for its distribution. Each party was ordered to bear its own costs. The application was partially allowed.

Key legal issues

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01

Whether the administrator failed to account for the estate

Holding

The respondent fulfilled her mandate; beneficiaries have their titles and no acreage discrepancy was proved

Reasoning

The court noted prior orders of 5th December 2016 on survey work, that surveyors from both counties attended court and explained the acreages, and that the confirmed grant apportions each beneficiary's acreage. Any perceived shortfall could be attributable to roads and public utilities. Controversies should now go to another forum.

p. 2
02

Treatment of parcels wrongly included in and omitted from the estate

Holding

NANDI/KAMOBO/257 expunged from the confirmed grant; NANDI/KEBULONIK/242 included in the estate

Reasoning

A certificate of search showed NANDI/KAMOBO/257 registered to Nyabera Kalika, not the deceased, while NANDI/KEBULONIK/242 belonged to the deceased but was left out. The respondent did not seriously contest these assertions, so the parcels were directed to where they legally belonged, with liberty for third parties to pursue their rights.

p. 2

Legal principles established

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  • An administrator is under a statutory duty to provide accounts and account for dealings in the estate under Section 83 of the Law of Succession Act
  • Where an assertion concerning estate property is unchallenged, the court may act on it in the absence of objection

Court orders

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  1. 1.Land parcel NANDI/KAMOBO/257 expunged from the grant confirmed on 12th July 2012, with liberty to apply if the estate later establishes it belonged to it
  2. 2.Land parcel NANDI/KEBULONIK/242 included in the estate and parties at liberty to apply for its formal distribution as they wish
  3. 3.Each party to meet its own costs
Jurisdiction invoked
Law of Succession Act (Section 83) - probate and administration jurisdiction over the confirmed grant

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "In re Estate of the Deceased - Chamber Summons dated 8th August 2018 (Succession Cause, Kitale)", Case Analysis (2020). Chamber summons application dated 8th August 2018 (Succession Cause, Kitale High Court). Source:

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.