REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUSIA PROBATE & ADMINSTRATION NO. 61 OF 2012 IN THE ESTATE OF: MUKEMO MURERE NDEGE.......................DECEASED BETWEEN ERNEST OCHIENG MURERE…......................PETITIONER/ RESPONDENT AND JOHN OUMA EKESA...........................................................................OBJECTOR MOSES MITIGOA OBUSUBIRI..........................BENEFICIARY /APPLICANT RULING 1. John Ouma Ekesa the objector herein, is objecting to the distribution of the deceased’s property on the basis of the following grounds. a) That the deceased provided for his sons during his lifetime. b) That the only asset is available for distribution is BUKHAYO/KISOKO/5187. 2. Ernest Ochieng Murere, the petitioner herein on the other hand argues that land parcel Nos. BUKHAYO/KISOKO/6802 & BUKHAYO/KISOKO/6803 are the only assets available for distribution. 3. The beneficiary has contended that he was issued with a title deed in respect of BUKHAYO/KISOKO/5188 but the same was found to non-existence. 4. Both the objector and the petitioner agree that their father had distributed his property during his lifetime except for one property where he was residing. There is no dispute that Moses Mitigoa Obusubiri had purchased land during the lifetime of the deceased herein. What is in dispute is whether the purchaser has a claim from the estate. 5. My perusal of the documents filed by the parties herein has confirmed that the copy of register in respect of parcel number 6803 has restrictions due to duplication of numbers 5185-5188. The copy of map attached by Moses Mitigoa Obusubiri issued on 2nd November 2018, confirm that the said parcel of land that is BUKHAYO/KISOKO/5188 is not reflected therein. 6. I therefore find that the objection is unmerited. I dismiss it with costs. Consequently, the grant herein is confirmed. DELIVERED and SIGNED at BUSIA this 25th day of March, 2019 KIARIE WAWERU KIARIE JUDGE
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.