|Succession Cause 576 of 2006
|ISAYA NDECHE WEVEKA v SAMUEL NDECHE WEVEKA
|14 Apr 2011
|High Court at Kakamega
|ISAYA NDECHE WEVEKA v SAMUEL NDECHE WEVEKA  eKLR
|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
IN THE HIGH COURT OF KENYA
SUCCESSION CAUSE NO. 576 OF 2006
IN THE MATTER OF THE ESTATE OF NDENJE MULAMA – DECEASED
SAMUEL NDECHE WEVEKA ............................................................................OBJECTOR
(i) Isaya Ndeche Weveka
(ii) Samuel Ndeche Weveka
3. On 16.4.2008, a grant was made to Isaya and Samuel jointly and on 12.10.2009, it was ordered by Chitembwe, J. that the District Surveyor, Kakamega should visit title No. 918 aforesaid and determine the occupancy on the ground.
5. In the Application to confirm the grant filed on 7.11.2008, Isaya proposed that the land be shared equally but in an Affidavit sworn on 16.3.2009, Isaya’s wife deponed that her husband had sold 3 acres of the land, moved out of it and married another wife and she proposed that the remainder thereof be registered in the names of her son, Levictus Ndeche.
7. One Kelly Sanya Muchende in an affidavit sworn on 14.9.2009 deponed that he had purchased one (1) acre from Isaya’s portion and that he should be included in the distribution.
“S. 38 – Where an intestate has left a surviving child or children but no spouse, the net intestate estate shall, subject to the provisions of Sections 41 and 42, devolve upon the surviving child, if there be only one, or be equally divided among the surviving children.”
10. The grant in any event is confirmed in the above terms and costs shall be in the cause.
Delivered, Dated and Signed at Kakamega this 14th day of April, 2011.
J U D G E