[2015] KEHC 5345 (KLR)
The court found that the objector was not indicated as a direct beneficiary in the pleadings and had not prosecuted his objection. The petitioner's replying affidavit was uncontested, and the objector's claim to the property could be addressed at the confirmation stage or during distribution. There was no legal...
Source-derived case information.
- Citation
- [2015] KEHC 5345 (KLR)
- Parties
- Applicant: Felix Opondo Olela; Respondent: Lucas Obiero Musando
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 561 of 2013
- Procedural Posture
- Succession Cause / Ruling on Application to Dismiss Objection and Confirm Administrator
- Outcome
- Application allowed. Letters of administration granted to petitioner. Objector's interest to be determined at confirmation stage.
- Judges
- HK Chemitei
- Legal Topics
- Succession, Letters of Administration, Objection to Grant, Beneficiary Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Felix Opondo Olela
Applicant
Lucas Obiero Musando
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Dismiss Objection and Confirm Administrator
Legal Issues
- 1 Whether the objection to the grant of letters of administration should be dismissed for want of prosecution.
- 2 Whether the petitioner should be confirmed as administrator of the deceased's estate.
- 3 Whether the objector has a legitimate interest in the estate as a beneficiary.
Ratio Decidendi
The court found that the objector was not indicated as a direct beneficiary in the pleadings and had not prosecuted his objection. The petitioner's replying affidavit was uncontested, and the objector's claim to the property could be addressed at the confirmation stage or during distribution. There was no legal impediment to granting the petitioner letters of administration at this stage. The objector's rights, if any, would be determined at the confirmation of grant or distribution stage. Accordingly, the court ordered that letters of administration be issued to the petitioner, with the objector's interests to be determined later.
Court Disposition
Application allowed. Letters of administration granted to petitioner. Objector's interest to be determined at confirmation stage.
Orders
- Letters of administration be issued to Felix Opondo Olela, the petitioner.
- The objector's interest to be determined at the confirmation stage.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
SUCCESSION CAUSE NO. 561 OF 2013
IN THE MATTER OF THE ESTATE OF: OLELA OKECH.................DECEASED
AND
FELIX OPONDO OLELA..................................................................PETITIONER
VERSUS
LUCAS OBIERO MUSANDO.............................................................OBJECTOR
R U L I N G
1). The application dated 24-3-2014 by the petitioner herein prays that the objection herein dated 10-4-2013 be dismissed for want of prosecution and that he be confirmed the administrator of the deceased estate herein. When both parties appeared before this court the court took the view that it shall peruse the proceedings and give its ruling.
2). The pleadings or the set of forms filed herein do not indicate the objector as a direct beneficiary to the estates herein. He claims to be entitled to the land parcel No. East Ugenya/Anyiko/1621 which is registered in the names of the petitioner's father by virtue of the fact that he is a nephew. By perusing the uncontested replying affidavit by the petitioner sworn on 2-5-2013 it is clear that if there is any interest on the part of the objector then the same ought to be subjected to a viva voce evidence. It further appears that there are other suits filed in respect to the suit parcel of land which in my opinion may not serve any useful purpose at this time to consider.
3). In light of my above observations I do not think that there is any impediment to the petitioner/respondent being granted letters of administration in respect to the deceased estate. The objector's rights over the suit property can be determined during the distribution stage or at the state of confirming the grant.
4). Consequently, I do order that letters of administration be issued to Felix Opondo, the petitioner herein. The objector's interest be determined at the confirmation state. Costs in the cause.
Dated, signed and delivered at Kisumu this 18th day of February, 2015.
H.K. CHEMITEI
JUDGE