WEVARSITY SACCO SOCIETY LIMITED V. MOSES MUSA LUMITI ABURA & DORCAS ASINYILWA BARASA

JUDGMENT OF THE COURT

1. Wilson Abura Liluma (the deceased), died on 9^th June, 2008. Moses Musa Lumiti Abura, his son, the 1^st respondent, petitioned the High Court for grant of letters of Administration intestate. The grant was given to him on 22^nd May, 2012.

2. Subsequently, the 1^st respondent applied for confirmation of the grant. In the affidavit in support of the application, the 1^st respondent stated that the deceased was survived by himself, Samson Liluma Abura, Agnes Norah Andaye, Dorcas Asinyilwa Barasa and Jones Tellah Nyikuli. The identification of shares of the persons beneficially entitled to the deceased’s estate was said to have been ascertained and determined as follows:

Beneficiary Asset Share

Moses (Musa) Lumiti Abura Isukha/Shirere/41 1.55 Ha

Samson Liluma Abura “ “ 1.55 Ha

Agnes Norah Andaye “ “ 1.55 Ha

Dorcas Asinyila Barasa “ “ 0.09 Ha

Jones Tella Nyikuli “ “ 0.75 Ha

Banda “ “ 0.05 Ha

Moses Lumiti Abura Isukha/Shirere/593 Whole

3. All the beneficiaries agreed to the aforesa…