In re Estate Of Ambrose Mathadalo (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Kakamega
Category
Civil
Judge(s)
W. Musyoka
Judgment Date
October 16, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of In re Estate Of Ambrose Mathadalo (Deceased) [2020] eKLR, detailing the key legal findings and implications for estate management and inheritance law.

Case Brief: In re Estate Of Ambrose Mathadalo (Deceased) [2020] eKLR

1. Case Information:
- Name of the Case: In the Matter of the Estate of Ambrose Mathadalo (Deceased)
- Case Number: Succession Cause No. 404 of 2002
- Court: High Court of Kenya at Kakamega
- Date Delivered: 16th October 2020
- Category of Law: Civil
- Judge(s): W. Musyoka
- Country: Kenya

2. Questions Presented:
The court must resolve the following legal issues:
- Who are the rightful heirs to the estate of Ambrose Mathadalo?
- Should the estate be devolved to the applicant and her associate, or should it go to the state due to lack of verified relatives?

3. Facts of the Case:
The deceased, Ambrose Mathadalo, died on 23rd August 1998, leaving behind property known as Isukha/Shitochi/600. Teresa Mbaya Shumila, his sister, petitioned for letters of administration intestate, which were granted on 9th January 2006. Teresa passed away on 20th December 2006. Isabella Khatenje Ngaira sought to substitute Teresa as administratrix, claiming she was the only interested party in the estate and had purchased the property from Ambrose. Subsequent applications by Isabella led to her being named administratrix, where she identified herself as Teresa's sister and proposed to share the estate with Felix Isiaho Isoso, who claimed to have purchased part of the estate.

4. Procedural History:
- The initial petition for letters of administration was lodged by Teresa on 9th September 2002.
- Letters of administration were granted to Teresa on 9th January 2006.
- After Teresa's death, Isabella filed an application on 4th September 2017 to substitute her as administratrix.
- On 3rd December 2019, Isabella was allowed to substitute Teresa and was issued a new grant on 6th December 2019.
- Isabella filed for confirmation of the grant on 19th December 2019, which was pending before the court.

5. Analysis:
- Rules: The court relied on Section 39 of the Law of Succession Act, Cap 160, which outlines the distribution of an intestate estate when there are no surviving spouses or children.
- Case Law: The court referenced the principles of intestate succession, indicating that without verified relatives, the estate cannot be devolved to those claiming to be related without evidence. The law prioritizes blood relatives up to the sixth degree of consanguinity.
- Application: The court expressed skepticism about Isabella's claims of being a sister of the deceased, as she had previously characterized her relationship with Teresa differently. The court highlighted the lack of evidence supporting Isabella's and Felix's claims to the estate and indicated that without proof of relation or purchase, the estate could not be devolved to them.

6. Conclusion:
The court ruled against the devolution of the estate to Isabella and Felix due to insufficient proof of their claims to the estate. The court ordered further investigation into the deceased's relatives and indicated that, should no relatives be found, the estate would devolve to the state.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The High Court of Kenya ruled that Isabella Khatenje Ngaira and Felix Isiaho Isoso could not inherit the estate of Ambrose Mathadalo due to a lack of evidence proving their claims of relationship or purchase. The court directed investigations to ascertain the rightful heirs and indicated that if no relatives were found, the estate would revert to the state. This case underscores the importance of establishing clear lineage and proof in matters of intestate succession.

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