[2024] KEHC 14347 (KLR)
The court found that the petition for grant of letters of administration was duly gazetted and that no objections had been raised within the statutory period. Accordingly, the court issued a grant of letters of administration to the applicants, David Omondi Odhiambo and James Steve Oburu, to administer the estate of...
Source-derived case information.
- Citation
- [2024] KEHC 14347 (KLR)
- Parties
- Applicant: David Omondi Odhiambo; Applicant: James Steve Oburu
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E022 of 2024
- Procedural Posture
- Succession Cause / Ruling on Issuance of Grant of Letters of Administration
- Outcome
- Grant of letters of administration issued to the applicants; restrictions placed on transfer of property pending confirmation of grant.
- Judges
- RE Aburili
- Legal Topics
- Grant of Letters of Administration, Confirmation of Grant, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Omondi Odhiambo
Applicant
James Steve Oburu
Applicant
Procedural Posture
Succession Cause / Ruling on Issuance of Grant of Letters of Administration
Legal Issues
- 1 Whether the applicants are entitled to a grant of letters of administration for the estate of Isaya Onyango Ong'anyo.
- 2 Whether there are any objections to the making of the grant.
Ratio Decidendi
The court found that the petition for grant of letters of administration was duly gazetted and that no objections had been raised within the statutory period. Accordingly, the court issued a grant of letters of administration to the applicants, David Omondi Odhiambo and James Steve Oburu, to administer the estate of the deceased in accordance with the law. The court further directed that the grant shall not be used to transfer any property of the deceased until after confirmation of the grant and full distribution to all eligible beneficiaries. The matter was set for mention to confirm filing of summons for confirmation of the grant.
Court Disposition
Grant of letters of administration issued to the applicants; restrictions placed on transfer of property pending confirmation of grant.
Orders
- A grant of letters of administration is issued to David Omondi Odhiambo and James Steve Oburu to administer the estate of Isaya Onyango Ong'anyo.
- The grant shall not be used to transfer any property of the deceased until after confirmation of the grant and full distribution to all eligible beneficiaries.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estae of Isaya Onyango Ong'anyo (Deeased) (Succession Cause E022 of 2024) [2024] KEHC 14347 (KLR) (19 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14347 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause E022 of 2024
RE Aburili, J
November 19, 2024
In the matter of
David Omondi Odhiambo
1st Administrator
James Steve Oburu
2nd Administrator
Ruling
1. Upon perusal of the Gazette Notice No. Vol. CXXVI – No. 173 dated 18th October 2024 gazetting the Petition herein, and in the absence of any objection to making of grant, I hereby issue a grant of letters of administration to David Omondi Odhiambo and James Steve Oburu to administer the estate of Isaya Onyango Onganyo in accordance with the law and apply for confirmation of the grant on or before 19th May 2025.
2. The grant shall not be used to transfer any property of the deceased until after confirmation of the grant and full distribution to all eligible beneficiaries.
3. Mention on 22nd May 2025 to confirm filing of summons for confirmation of the grant. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19THDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE