[2020] KEHC 1307 (KLR)
The court found that all beneficiaries of the deceased's estate had been properly identified and that provision had been made for each, including the widow of the third household. The administrator complied with the court's directions to clarify the share for the widow, and all beneficiaries approved the schedule of...
Source-derived case information.
- Citation
- [2020] KEHC 1307 (KLR)
- Parties
- Applicant: Barack Awuor Mawere; Respondent: Kerina Oketch Mawere
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 5 of 2020
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- Grant of letters of administration intestate confirmed; administrator to distribute estate as per approved schedule.
- Judges
- RE Aburili
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Barack Awuor Mawere
Applicant
Kerina Oketch Mawere
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether all beneficiaries of the estate have been properly identified and provided for in the proposed distribution.
- 2 Whether the schedule of distribution accords with the law and the wishes of the beneficiaries.
Ratio Decidendi
The court found that all beneficiaries of the deceased's estate had been properly identified and that provision had been made for each, including the widow of the third household. The administrator complied with the court's directions to clarify the share for the widow, and all beneficiaries approved the schedule of distribution. The court was satisfied that the requirements of the Law of Succession Act had been met and therefore confirmed the grant of letters of administration intestate, directing the administrator to distribute the estate in accordance with the verified schedule and the law.
Court Disposition
Grant of letters of administration intestate confirmed; administrator to distribute estate as per approved schedule.
Orders
- Grant of letters of administration intestate issued to Barack Awuor Mawere on 30.7.2015 is confirmed.
- Administrator to administer and distribute the estate in accordance with the approved schedule and the law.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
SUCCESSION CAUSE NO. 5 OF 2020
IN THE MATTER OF THE ESTATE OF MAWERE NYAMBARA ALIAS OPIYO WINJA – DECEASED
AND
IN THE MATTER OF APPLICATION BY: BARRACK AWUOR MAWERE –ADMINISTRATOR
RULING ON SUMMONF FOR CONFIRMATION OF GRANT
1. I have considered the summons for confirmation of grant dated 4. 9.2020 and the supporting affidavit and schedule of distribution of the estate. I had the opportunity to interview each of the beneficiaries of the estate on 5. 10. 2020 and I directed for a further affidavit to be filed by the administrator to identify the share to be given to the widow Kerina Oketch of the 3rd household. I have perused the affidavit sworn on 6. 10. 2020 by the Administrator Barack Awuor Mawere, which at Paragraph 4 provides that the assets in household No. 3 should be distributed equally among the 5 children and the widow Kerina Oketch Mawere.
2. I am satisfied that each of the beneficiaries of the estate of the deceased Mawere Nyambara alias Opiyo have been identified and provision made for them in the estate.
3. Accordingly, I confirm the grant of letters of Administration Intestate issued to the Administrator Barack Awuor Mawere on 30. 7.2015 and direct the said Administrator to administer the estate of the deceased Mawere Nyambara alias Opiyo in accordance with the schedule of distribution of the estate as approved by all the beneficiaries and as verified by the court herein and in accordance with the Law.
4. A formal certificate of confirmation to issue forthwith.
5. This file is now closed.
6. Orders accordingly.
Dated, Signed and Delivered at Siaya This 18th day of November, 2020
R.E. ABURILI
JUDGE