[2019] KEHC 1272 (KLR)
The court found that the administrators failed to comply with its previous order requiring them to ascertain and provide for all beneficiaries, including the descendants of the deceased's children who are themselves deceased. The affidavits filed by both administrators did not reflect consensus or comprehensive...
Source-derived case information.
- Citation
- [2019] KEHC 1272 (KLR)
- Parties
- Applicant: Domtillah Akumu Okore; Respondent: Samson Otieno Adorn
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 950 of 2014
- Procedural Posture
- Succession Cause / Ruling on Compliance With Distribution Order and Referral to Mediation
- Outcome
- Matter referred to mediation for amicable settlement of estate distribution; mention scheduled to confirm progress.
- Judges
- TW Cherere
- Legal Topics
- Succession Estate Distribution, Administration of Estates, Beneficiary Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Domtillah Akumu Okore
Applicant
Samson Otieno Adorn
Respondent
Procedural Posture
Succession Cause / Ruling on Compliance With Distribution Order and Referral to Mediation
Legal Issues
- 1 Whether the administrators have complied with the court order to ascertain and provide for all beneficiaries, including descendants of deceased children of the deceased.
- 2 Whether the proposed modes of distribution adequately provide for all grandchildren of the deceased.
Ratio Decidendi
The court found that the administrators failed to comply with its previous order requiring them to ascertain and provide for all beneficiaries, including the descendants of the deceased's children who are themselves deceased. The affidavits filed by both administrators did not reflect consensus or comprehensive identification of all entitled beneficiaries, particularly the grandchildren. In light of the impasse and incomplete compliance, the court determined that the most appropriate course was to refer the matter to a Court Annexed Mediator to assist the parties in reaching an amicable mode of distribution, with a mention date set to confirm progress.
Court Disposition
Matter referred to mediation for amicable settlement of estate distribution; mention scheduled to confirm progress.
Orders
- This cause is hereby referred to a Court Annexed Mediator to assist the parties come up with an amicable mode of distribution.
- Mention on 03rd February, 2020 to confirm if a settlement has been reached.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
(CORAM: CHERERE-J)
SUCCESSION CAUSE NO. 950 OF 2014
IN THE MATTER OF THE ESTATE OF AGUMBA AWINDA(DECEASED)
BETWEEN
DOMTILLAH AKUMU OKORE........1ST ADMINISTRATOR
AND
SAMSON OTIENO ADORN..............2ND ADMINISTRATOR
RULING
1. By an order dated 1st December, 2018, this court directed the co-administrators to file joint or separate modes of distribution incorporating the descendants of Bodo Agumba, Oriedo Agumba, Keziah Agumba and Joseph Okore Agumba who are deceased’s children who are themselves deceased and ascertaining their respective shares to the estate as much as they possibly can.
2. I have considered the affidavits of proposed mode of distribution filed by Domtillah Akumu Okore(1st Administrator)andSamson Otieno Adorn (2nd Administrator) and it is apparent that they do not agree on the mode of distribution.
3. The administrators have clearly not complied with the court order dated 1st December, 2018 which required them to ascertain the descendants of Bodo Agumba, Oriedo Agumba, Keziah Agumba and Joseph Okore Agumba who are deceased’s children who are themselves deceased and to ascertain their respective shares to the estate as much as they possibly can.
4. I also notice that not all of the grandchildren of the deceased have been provided for.
5. It is therefore hereby ordered:
1. This cause is hereby referred to a Court Annexed Mediator to assist the parties come up with an amicable mode of distribution
2. Mention on 03rd February, 2020 to confirm if a settlement has been reached
DATED, DELIVERED AND SIGNED THIS....21st ...DAY OF…November....2019
T. W. CHERERE
JUDGE
READ IN OPEN COURT IN THE PRESENCE OF-
Court Assistants - Amondi/Okodoi
For the 1st administrator- Mr. Olel
For the 2nd administrator -Mr. Maua hb for Mr. Sala