[2014] KEHC 803 (KLR)
The court found that it was not clear who had been collecting rent from the estate and that Monica Odongo, who was alleged to be in control of the estate, had not responded to the allegations. Given the uncertainty and in the interest of justice and protection of the estate, especially for the benefit of the minors,...
Source-derived case information.
- Citation
- [2014] KEHC 803 (KLR)
- Parties
- Applicant: Finch Shadrack Omolo Owiti; Respondent: James Odhiambo Ogutu
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 740 of 2008
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation of Grant and Appointment of Administrators
- Outcome
- Application for revocation of grant declined; joint administrators appointed.
- Judges
- HK Chemitei
- Legal Topics
- Succession, Administration of Estates, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Finch Shadrack Omolo Owiti
Applicant
James Odhiambo Ogutu
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Revocation of Grant and Appointment of Administrators
Legal Issues
- 1 Whether the respondent has mismanaged the estate of the deceased.
- 2 Whether the letters of administration granted to the respondent should be revoked.
- 3 Who should be appointed as administrators of the estate.
Ratio Decidendi
The court found that it was not clear who had been collecting rent from the estate and that Monica Odongo, who was alleged to be in control of the estate, had not responded to the allegations. Given the uncertainty and in the interest of justice and protection of the estate, especially for the benefit of the minors, the court declined to revoke the grant but instead ordered that Finch Shadrack Omolo Owiti and Monica Odongo Were be appointed as joint administrators together with James Odhiambo Agutu. This arrangement was deemed necessary to secure the estate and ensure proper administration.
Court Disposition
Application for revocation of grant declined; joint administrators appointed.
Orders
- Finch Shadrack Omolo Owiti and Monica Odongo Were are appointed joint administrators together with James Odhiambo Agutu.
- Each party is at liberty to apply.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
SUCCESSION CAUSE NO. 740 OF 2008
IN THE MATTER OF THE ESTATE OF: WILLIAM ODERO OWITI………………………..DECEASED
AND
IN THE MATTER OF: AN APPLICATION BY FINCH SHADRACK OMOLO OWITI…………..APPLICANT
VERSUS
JAMES ODHIAMBO OGUTU……………………………………………………………………..RESPONDENT
R UL I N G
The late Pamela Aoko Odongo and James Odhiambo Agutu, the respondents were granted letters of administration to the deceased estate here on 10-2-2009.
Apparently, Pamela the mother to the applicant died on 30-8-2009. The applicant was then a minor together with his brother D C O who is still a minor.
The application dated 18-12-2013 prays that the letters of administration given to the respondent, being now the only surviving administrator, be revoked for he has not managed the estate well. The applicant prays that he renders the accounts so far.
The respondent has filed a replying affidavit sworn on 1-4-2014 in which he has distanced himself from the allegation. He claims that the late Pamela was granted limited letters pursuant to the application dated 8-12-2008, to administer the estate. He asserts that the rent collected from Hon. Dr. Nyikal can only be accounted by Monica Odongo the sister to Pamela.
Apparently, it is the said Monica who has the custody of the children and the applicant's decisions of having her be made an administrator. She has however not sworn any affidavit to deny the respondent's allegation that she is in control of the estate.
For now it is not certain who has been collecting the rent from the estate. Is it the respondent or the said Mourice Odongo Were?
Since Monica is silent despite I suppose being well aware of the issues herein it would be unsafe to allow the application.
However, for the interest of justice and to ensure that the estate is secured I do order that Finch Shadrack Omolo Owiti and Monica Odongo Were be made joint administrators together with James Odhiambo Agutu. Each party be at liberty to apply. Costs in the cause.
Dated, singed and delivered at Kisumu this 17th day of November 2014.
H.K. CHEMITEI
JUDGE