In re Estate of Musa Mukhwana Murumba(Decesed) [2020] KEHC 7259 (KLR)

REPUBLIC OF KENYA.

IN THE HIGH COURT OF KENYA

AT BUNGOMA

P & A. NO. 26 OF 2010

IN THE MATTER OF THE ESTATE OFMUSA MUKHWANA MURUMBA.........DECEASED

VERSUS

DISMAS CHEMWA MUKHWANA........PETITIONER

AND

WANGILA MUTUNDE..............................OBJECTOR

JUDGMENT

The deceased Musa Mukhwana Murumba died on 19. 08. 2009.  He left 2 sons and 4 daughters.  He also left as his estate Land Parcel No. Ndivisi/Mihuu/2601 measuring Approximately 6. 2 HA.

Upon application, the grant of letters of administration intestate was issued by Mabeya J on 25. 3.2014 to Dismas Chemwa Mukhwana and Wangila Mutunde.

By application dated 10. 10. 2016 the Administrators filed this application for confirmation of grant pursuant to Section 71(1) and (3) of the land of Succession Act.  The application is supported by affidavit of Dismas Chemwa Mukhwana, who deponed that the grant was issued on 25. 3.2014 and it is over six months.  He deponed that the estate comprised of Land Parcel No. Ndivisi/Mihuu/2601.  He deponed that the beneficiary of the estate were;

1. ROSEMARY NANGUNDA

2. JULIUS SITUMA MUKHWANA

3. NICHOLAS WAKHUNGU

4. JAMILAH MUKHWANA       - (Now deceased)

5. HELLEN WAMUTETE

6. DELPHINE CHEBUKWA

7. DISMAS CHEMWA

8. CHRISTINE NASIMIYU MUKHWANA

He annexed the agreed mode of distribution as hereunder;

MODE OF DISTRIBUTION OF LAND PARCEL NO. NDIVISI/MIHUU/2601:

1.  ROSEMARY NANGUNDA                 2 ACRE

2. JULIUS SITUMA MUKHWANA          2. 6 ACRES

3. NICHOLAS WAKHUNGU                     8 ACRES

4. HELLEN WAMUTETE                           1 ACRE

5. DELPHINE CHEBUKWA                         1 ACRE

6. DISMAS CHEMWA                                    1½ ACRE

7. CHRISTINE NASIMIYU MUKHWANA    1 ACRE

8. ACESS ROAD                                         ¾ AN ACRE

He annexed the consent to the confirmation signed by the beneficiaries to confirm the consent to the mode of distributions and shares.  CHEMWA DISMAS MUKHWANA (2) HELLEN WAMUTETE NASIMIYU

(3) CHRISTINE NASIMIYU (4) DELVIN CHEBUKWA MUKHWANA   (5) NICHOLAS WAKHUNGU MUKHWANA  (6)  JULIUS SITUMA MUKHWANA  [the son of PIUS MAKOKHA MUKHWANA] all agreed to the mode of distribution and the acreage given.  [Chemwa Mukhwana by Consent was not issued with any acreage in Ndivisi/Mihuu/2601 as he had been given another Parcel No. 4329 Measuring 8 Acres].

Rosemary Nangunda Nawate a daughter informed court that though she was married in 1977 to Hudson Muganda and she divorced in 1990.  She stated that she bought a piece of land in Nandi where she stays.  She had been given one Acre but should want to be given 2 acres.

I have considered the application from confirmation.  I have considered the proposed mode of distribution and the consent of the beneficiaries.  I hereby confirm the grant as per the following mode of distribution.

MODE OF DISTRIBUTION OF LAND PARCEL NO. NDIVISI/MIHUU/2601:

1. ROSEMARY NANGUNDA                  2 ACRE

2. JULIUS SITUMA MUKHWANA          2. 6 ACRES

3. NICHOLAS WAKHUNGU                     8 ACRES

4. HELLEN WAMUTETE                            1 ACRE

5. DELPHINE CHEBUKWA                         1 ACRE

6. CHRISTINE NASIMIYU MUKHWANA  1 ACRE

7. ACESS ROAD                                            ¾ AN ACRE

Dated and Delivered at BUNGOMA this   3rd  day ofMarch,2020.

S.N.RIECHI

JUDGE