The Magistrate’s Court said the succession law does not recognise a superior entitlement to administer an estate based on gender.

📋 Breaking It Down

A court has rejected the traditional notion that being the only son in a family gives one sole control over the parent’s estate, reaffirming that sons and daughters have equal standing under succession law.

The Magistrate’s Court said the succession law does not recognise a superior entitlement to administer an estate based on gender, with a male child having no greater claim than a female child simply because he is a son.

“The law does not recognise a superior entitlement on account of being a male child as opposed to a female child,” said Malaba Resident Magistrate Antoinette Ogange Zowade.

📌 What You Need to Know

The court made the ruling while rejecting Samwel Gitau’s bid to become the sole administrator of his father Grishom Kitai’s estate on grounds that he was the only male child.

Mr Gitau argued that his status as the only male child entitled him to sole control of the administration, but the court found no legal basis for the claim.

It instead appointed him joint administrator with Joyce Nekesa, saying his participation could be secured without giving him exclusive control of the estate.

The succession case had remained stalled after disagreements over administration, despite attempts to settle the dispute at clan level.

The court said the then petitioner had also died and was substituted with Ms Nekesa.

Mr Gitau opposed an application  petitioner to appoint him as co-administrator of the estate. He argued that, as the male child and only son, he should instead be appointed the sole administrator.

📰 Source: Nation Africa