[2020] KEHC 2529 (KLR)
The court found that the applicant, Mary Atieno Ochieng, had complied with the legal requirements for confirmation of grant, including obtaining the consent of all beneficiaries to the proposed mode of distribution of the estate of the deceased, Christopher Ochieng. The court was satisfied that there was no...
Source-derived case information.
- Citation
- [2020] KEHC 2529 (KLR)
- Parties
- Applicant: Mary Atieno Ochieng; Respondent: Christopher Ochieng (Deceased)
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1 of 2019
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- Grant confirmed and certificate of confirmation issued to the applicant.
- Judges
- RE Aburili
- Legal Topics
- Succession, Confirmation of Grant, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Atieno Ochieng
Applicant
Christopher Ochieng (Deceased)
Respondent
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration issued to Mary Atieno Ochieng should be confirmed.
- 2 Whether the proposed mode of distribution of the estate, as consented to by all beneficiaries, is acceptable.
Ratio Decidendi
The court found that the applicant, Mary Atieno Ochieng, had complied with the legal requirements for confirmation of grant, including obtaining the consent of all beneficiaries to the proposed mode of distribution of the estate of the deceased, Christopher Ochieng. The court was satisfied that there was no objection or protest to the confirmation of the grant. Accordingly, the court confirmed the grant and ordered the issuance of a certificate of confirmation to the applicant to administer the estate as per the agreed distribution.
Court Disposition
Grant confirmed and certificate of confirmation issued to the applicant.
Orders
- The grant issued to Mary Atieno Ochieng on 7.10.2020 is confirmed.
- A certificate of confirmation of the said grant is issued.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
SUCCESSION P&A CAUSE NO. 1 OF 2019
IN THE MATTER OF ESTATE OF CHRISTOPHER OCHIENG – DECEASED
AND
IN THE MATTER OF MARY ATIENO OCHIENG- - ADMINISTRATOR
RULING
1. Having considered the summons for confirmation of grant issued to Mary Atieno Ochieng on 7. 10. 2019, the affidavit in support thereof and mode of distribution of the estate of the deceased Christopher Ochieng, as consented to by all the 6 listed beneficiaries; and having called all the 6 beneficiaries who confirmed endorsing the consent and agreement on the mode of distribution of the estate, I am satisfied that there is no Objection or protest to confirmation of the grant.
2. Accordingly, I confirm the grant issued to Mary Atieno Ochieng on 7. 10. 2020 to administer the estate of the deceased Christopher Ochieng as by Law established.
3. A certificate of confirmation of the said grant issued on 7. 10. 2020 be and is hereby issued.
4. Orders accordingly.
Dated, signed and delivered at Siaya this 22nd day of June, 2020
R.E. ABURILI
JUDGE