In re Estate of the Deceased of Saitoti Kidiis [2020] eKLR Case Summary

Court
High Court of Kenya at Narok
Category
Civil
Judge(s)
J. M. Bwonwong’a
Judgment Date
October 26, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: In re Estate of the Deceased of Saitoti Kidiis [2020] eKLR


1. Case Information:
- Name of the Case: In the Estate of the Deceased of Saitoti Kidiis
- Case Number: Succession Cause No.12 of 2019
- Court: High Court of Kenya at Narok
- Date Delivered: October 26, 2020
- Category of Law: Civil
- Judge(s): J. M. Bwonwong’a
- Country: Kenya

2. Questions Presented:
The court was tasked with resolving two primary legal questions:
1. Whether the objector, George Sankale Kidiis, was the son of the deceased, Saitoti Kidiis.
2. Who bears the costs of the application for revocation of the grant.

3. Facts of the Case:
The petitioner, Resian Ene Kidiis, filed for a succession grant for the estate of her deceased husband, Saitoti Kidiis. The objector, George Sankale Kidiis, contended that he was the son of the deceased and claimed that he was not consulted during the succession process. He alleged that after the deaths of both his parents, the petitioner had evicted him and his siblings from their mother’s home. The objector’s case relied on testimonies from his maternal uncle and himself, asserting his lineage to the deceased. Conversely, the petitioner claimed to be the only wife of the deceased and denied the objector's claims, asserting that no evidence supported his relationship to the deceased.

4. Procedural History:
The objector filed an objection to the succession grant, claiming he was not consulted. The High Court heard testimonies from both parties and their witnesses. The objector's witnesses included his maternal uncle, who provided contradictory evidence regarding the dowry paid by the deceased. The petitioner presented her own witnesses, including the chairman of the Maasai Council of Elders, who supported her claims that the objector was not the son of the deceased. After reviewing the evidence, the court was to determine the validity of the objector's claims and whether he had the standing to contest the succession grant.

5. Analysis:
- Rules: The court considered the relevant laws governing succession in Kenya, particularly those addressing inheritance rights and the legitimacy of claims based on familial relationships.

- Case Law: The court reviewed precedents related to succession disputes and the evidentiary standards required to establish paternity and inheritance rights. Previous cases highlighted the importance of credible evidence in establishing familial ties, particularly in succession matters.

- Application: The court found the objector's evidence to be incredible and unreliable. Notably, the objector refused to undergo DNA testing to confirm his relationship to the deceased, which the court viewed as a significant factor undermining his claims. The testimonies of the petitioner and her witnesses were deemed credible, with the court concluding that there was overwhelming evidence supporting the assertion that the objector was not the son of the deceased.

6. Conclusion:
The court dismissed the objector's application, ruling that he failed to prove he was the son of the deceased. Consequently, the court made no order as to costs, indicating that neither party would be required to bear the other's legal expenses.

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

8. Summary:
The High Court of Kenya at Narok ruled against the objector, George Sankale Kidiis, affirming that he was not the son of the deceased, Saitoti Kidiis. This case underscores the importance of credible evidence in succession disputes and highlights the legal complexities surrounding claims of familial relationships in inheritance matters. The decision reinforces the principle that without sufficient proof, claims to an estate may be dismissed, impacting the broader context of succession law in Kenya.

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