Case ID:174635

In re Estate Of Tapoyo Arimuk Silaure (Deceased) [2021] eKLR

Case Metadata

Case Number:

Succession Cause 194 of 2004

Parties:

In re Estate Of Tapoyo Arimuk Silaure (Deceased)

Date Delivered:

21 Apr 2021

Case Class:

Civil

Court:

High Court at Kitale

Case Action:

Ruling

Judge(s):

Luka Kiprotich Kimaru

Citation:

In re Estate Of Tapoyo Arimuk Silaure (Deceased) [2021] eKLR

Court Division:

Family

County:

Trans Nzoia

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 KITALE

SUCCESSION CAUSE NO. 194 OF 2004

IN THE MTTER OF THE ESTATE OF TAPOYO ARIMUK SILAURE (DECEASED)

JAMES MUSA TAPOYO.................................PETITIONER/RESPONDENT

VERSUS

JOYCE KIMOMWOR TAPOYO..........................APPLICANT/OBJECTOR

RULING

Joyce Kimomwor Tapoyo

is the daughter of the deceased,

Tapoyo Arimuk Silaure

. She is married. The deceased had two wives and two parcels of land. It is not in dispute that each widow and her children are entitled to inherit. The 1

st

wife and her children are entitled to inherit

LR No.

West Pokot/Keringet “A”/2428

measuring

5.26 Hectares

while the 2

nd

wife and her children are entitled to inherit

LR No. West Pokot/Siyoi “A”/4244

. There is no dispute in respect of the inheritance due to the 1

st

wife and her children. There is a dispute in relation to the inheritance of the land that the children of the 2

nd

wife were to distribute. From the pleadings filed in court, it was clear that the Applicant, as the daughter of the deceased was excluded from benefiting from the estate of her deceased father. The reason given by the Petitioner/Respondent is that she is married and therefore entitled to benefit from her husband.

Section 40 of the Law of Succession Act

recognise all the children of the deceased, including sons and daughters as beneficiaries of the estate of the deceased. This is more so where the deceased was polygamous. In the present application, it is clear that there was no basis for the exclusion of the Applicant as a beneficiary of the estate of the deceased. She is a dependant of the deceased as envisioned under

Section 29 of the Law of Succession Act

. It does not matter her marital status. She has not renounce her right to be considered as a beneficiary of the estate of her deceased’s father’s estate. The deceased died intestate and did not leave behind any Will. The properties that comprise his estate shall be distributed in accordance with the provisions of the

Law of Succession Act

.

In the premises therefore, the proposed distribution contained in the Rectified Certificate of Confirmation of Grant issued by this court on

23/7/2020

is hereby set aside as it relates to the property known as

West Pokot/Asiyoi “A”/4244

. Any survey or subdivision done is hereby declared null and void. If any registration has been done the same is hereby ordered cancelled.

The Petitioner is ordered to present another application for Confirmation of Grant in respect of parcel of land

No. West

Pokot/Siyoi “A”/4244

to the court where the Applicant shall be included as a beneficiary and her share clearly specified. The Applicant shall be at liberty to file an affidavit in court giving her proposal on what her share should be. The Petitioner shall file and serve the said application within

(14) days

. The Applicant shall file the affidavit referred to above within seven

(7) days

of being served. Mention on

20/7/2021

to confirm compliance.

It is so ordered.

Dated

at

Kitale

this

21

st

day of

April, 2021.

L. KIMARU

JUDGE

20/4/2021