Case ID:168589
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
In re Estate of Mbiya Were (Deceased) [2020] eKLR
Case Metadata
Case Number:
Probate and Administration 85 of 2005
Parties:
In re Estate of Mbiya Were (Deceased)
Date Delivered:
06 Oct 2020
Case Class:
Civil
Court:
High Court at Busia
Case Action:
Ruling
Judge(s):
Kiarie Waweru Kiarie
Citation:
In re Estate of Mbiya Were (Deceased) [2020] eKLR
Court Division:
Family
County:
Busia
Case Outcome:
Application allowed
Disclaimer:
The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
PROBATE & ADMINSTRATION NO. 85 OF 2005
IN THE MATTER OF THE ESTATE OF:
MBIYA WERE.............................................................................DECEASED
BETWEEN
MILTON OUNDO MBIYA...............................PETITIONER/ APPLICANT
AND
OCHIENG OPONDO NYONGESA ............OBJECTOR/RESPONDENT
RULING
1. Milton Oundo Mbiya, the applicant herein moved the court by way of chamber summons dated 22
nd
June, 2020 under sections 47 of the Law of Succession Act and Rules 49 & 73 Probate and Administration Rules. He is seeking the following orders:
a) That this honourable court be pleased to give the full meaning and import of the phrase “THE PORTION IT OCCUPYS” [Sic] in paragraph 14 (b) (ii) in the ruling dated and delivered on 1
st
October, 2015.
b) That costs be in the cause.
2. The application is premised on the following grounds:
a) That a dispute has arisen as to the exact meaning and import of paragraph 14 (b) (ii) in the ruling dated 1
st
October, 2015 in relation to the entitlement of Jackson Opondo Mbiya’s family in land parcel No. Marachi/Bujumba/2.
b) Owing to the said dispute, the surveyor is unable to execute the order of the court issued on 3
rd
December, 2019.
c) The court on 11
th
March, 2020 ordered the parties to file a formal application to have the dispute resolved.
d) That it is imperative that this application be determined to pave way for the confirmation of grant.
3. In his supporting affidavit, the applicant urged the court to award the family of Jackson Opondo Mbiya land comprising of the homestead only.
4. The objector/respondent did not file any response to the application neither did he file any submissions. Mr. Jumba for the objector/respondent on 29
th
July 2020 was given an extension of time to file submissions by 31
st
August 2020 after failing to file the same within the agreed time frame. By 31
st
August 2020 no submissions had been filed and I therefore proceeded to write the ruling without the benefit of the objector/respondent’s submissions.
5. I have perused the entire ruling by Hon. Judge Tuiyott dated 1
st
October 2015. This ruling is very clear and does not require any interpretation. When the judge said:
The family of Jackson Opondo Mbiya is entitled to the portion it occupies (sic) on Marachi/Bujumba/2
.
He meant the land comprising of the homestead only. This is how the surveyor ought to approach the subdivision.
DELIVERED
and
SIGNED
at
BUSIA
this
6
th
day of October
, 2020
KIARIE WAWERU KIARIE
JUDGE