Widows granted four cows each in property wrangle
Herders drive cows along East Park road in Ruai on October 14, 2020. The High Court in Malindi has given six widows four cows each after they failed to agree on how to share their husband’s wealth
What you need to know:
- The family failed to reach a compromise on sharing the animals.
- Court locks the children because of their large number.
The High Court in Malindi has given six widows four cows each after they failed to agree on how to share their husband’s wealth that is valued at more than Sh30 million.
Arthur Jeremiah Tsumah, who died in 2012, also left 67 children.
The women and their children could not agree on how the man’s 25 cows valued at Sh720,000 should be shared.
The family had agreed on how to distribute immovable properties, comprising land and businesses, and residential houses, but failed to reach a compromise on sharing the animals.
Justice Reuben Nyakundi locked out the children because of their large number and distributed the animals based on the number of households.
In the filed consent on the mode of distribution, the parties agreed that the widows are entitled to an equal share of immovable assets.
Justice Nyakundi said he would not depart from the letter and spirit of the distribution deal, adding that it should also apply to the animals.
“It follows that the distribution be four cows for every household. The remaining animal should be sold and the proceeds shared equally among Tsumah’s wives,” he said.
The court confirmed the letters of administration.
Family dispute
It directed that the property be distributed as per the consent, with a variation made by the court on the cows.
“This is a family dispute. No order on costs has been provided for,” the judge added.
The court said the evidence adduced on the mode of distribution showed that the administrators of the estate could satisfy all the beneficiaries in the latter’s best interests.
“The court finds no compelling reasons to interfere with the mode of distribution, save for the contested movables on the livestock,” Justice Nyakundi said.
“It is the duty of the court to ensure the criteria on this residual estate not agreed to be distributed with the rest of the assets. This can be done in accordance with general application of the law of succession.”
The judge said the administrators’ duty to oversee the distribution of the rest of the estate complies with the law.
“It is in my judgment that the grant of letters of administration be confirmed and the estate be shared among the beneficiaries equally,” he said.
“The surviving spouses are additional units as proposed by the administrators and the respective consents.”
In sharing the assets, the High Court said it was evident that Tsumah’s daughters were included and ranked equally with their brothers in equal measure.
