In re Estate Shadrack Magosewe Domoi (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Eldoret
Category
Civil
Judge(s)
H. A. Omondi
Judgment Date
September 22, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of In re Estate Shadrack Magosewe Domoi (Deceased) [2020] eKLR, detailing the legal proceedings and outcomes related to the estate's distribution and inheritance issues.

Case Brief: In re Estate Shadrack Magosewe Domoi (Deceased) [2020] eKLR

1. Case Information:
- Name of the Case: In the Matter of the Estate of Shadrack Magosewe Domoi (Deceased)
- Case Number: Succession Cause No. 386 of 2015
- Court: High Court of Kenya at Eldoret
- Date Delivered: September 22, 2020
- Category of Law: Civil
- Judge(s): H. A. Omondi
- Country: Kenya

2. Questions Presented:
The court was tasked with resolving the following central legal issues:
1. Whether the application dated July 10, 2019, is bad in law.
2. Whether the deceased, Shadrack Magosewe Domoi, died intestate or left a valid will.

3. Facts of the Case:
The case involves a dispute over the estate of the late Shadrack Magosewe Domoi. The petitioner, Peter Jungulu alias Peter Chunguli, moved the court as the executor of the deceased's will. The objectors, comprising Thomas Ilahalwa Magotswe and others, challenged the validity of the will, claiming they were disinherited from their rightful inheritance of the deceased’s land. The deceased had previously engaged in litigation that purportedly disinherited the objectors, which they contested by asserting that he was incapable of making a valid will due to his advanced age and alleged senility.

4. Procedural History:
The petitioner filed the will for probate, leading to a confirmed grant. The objectors filed a Notice of Preliminary Objection on November 27, 2019, arguing various grounds for the invalidity of the will. They contended that the deceased was incapable of making the will and that the will was not validly executed. The court considered the objections and the supporting legal arguments from both sides before delivering its ruling.

5. Analysis:
- Rules: The court referenced relevant provisions of the Law of Succession Act, specifically:
- Section 5(1): Pertaining to the capacity of a person to make a will if they are of sound mind.
- Section 11: Outlining the requirements for a valid will, including the necessity of the testator's signature and the presence of competent witnesses.

- Case Law: The court cited the case of *Mukisa Biscuit Company – vs- Westend Distributors Limited (1969) EA 696*, which defined a preliminary objection as a pure point of law. The court also referenced *Estate of Agnes Ogolas Akoth [2016] eKLR* to support the argument regarding the proper procedure for objection proceedings.

- Application: The court applied the rules to the facts presented. It determined that the objectors had the burden of proof to establish the deceased's incapacity at the time of making the will. The court found that the objections raised were not purely legal but involved factual determinations requiring evidence, leading to the dismissal of the preliminary objection.

6. Conclusion:
The court ruled that the application dated July 10, 2019, was bad in law and dismissed it with costs to the petitioner. The ruling emphasized that the objectors failed to prove the deceased's incapacity to make a will and that the will was validly executed.

7. Dissent:
There was no dissenting opinion noted in the ruling.

8. Summary:
The High Court of Kenya at Eldoret upheld the validity of the will of Shadrack Magosewe Domoi, affirming that the deceased had the capacity to make a will and had not died intestate. This case underscores the importance of establishing the testator's mental capacity and the procedural requirements for contesting a will, impacting how future succession disputes may be approached in Kenya.

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