[2023] KEHC 26149 (KLR)

[2023] KEHC 26149 (KLR)

The court found that although the grant issued to Andrew Were Makanga had been revoked and a reissuance to Judith Ambuso Siboke was ordered in 2017, only a certificate of confirmation had been issued, not a fresh grant. To comply with the previous court order and the requirements of the Law of Succession Act, the...

Source-derived case information.

Citation
[2023] KEHC 26149 (KLR)
Parties
Applicant: Judith Ambuso Siboke; Respondent: Andrew Were Makanga
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Succession Cause 288 of 2001
Procedural Posture
Succession Cause / Ruling on Reissuance and Confirmation of Grant
Outcome
Fresh grant reissued to Judith Ambuso Siboke; estate to be distributed within six months; file closed subject to compliance.
Judges
RE Aburili
Legal Topics
Succession Grants, Confirmation of Grant, Estate Distribution
Source Language
en
Family and Children Succession Grants Confirmation of Grant Estate Distribution

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Summary, issues, holding and outcome

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Parties

Judith Ambuso Siboke

Applicant

Andrew Were Makanga

Respondent

Procedural Posture

Succession Cause / Ruling on Reissuance and Confirmation of Grant

Legal Issues

  1. 1 Whether a fresh grant should be reissued to Judith Ambuso Siboke as previously ordered by the court.
  2. 2 Whether the estate of Alfred Makanga Ambuso should be distributed and completed within a specified period.

Ratio Decidendi

The court found that although the grant issued to Andrew Were Makanga had been revoked and a reissuance to Judith Ambuso Siboke was ordered in 2017, only a certificate of confirmation had been issued, not a fresh grant. To comply with the previous court order and the requirements of the Law of Succession Act, the court directed that a fresh grant be reissued to Judith Ambuso Siboke, together with a new certificate of confirmation, and that the estate be distributed as previously ordered. The court further ordered that the administration and distribution of the estate be completed within six months, with accurate accounts filed, to bring finality to the longstanding matter.

Court Disposition

Fresh grant reissued to Judith Ambuso Siboke; estate to be distributed within six months; file closed subject to compliance.

Orders

  • A fresh grant is reissued to Judith Ambuso Siboke together with a fresh certificate of confirmation of grant distributing the estate as previously ordered.
  • The estate of Alfred Makanga Ambuso shall be fully distributed and completed in the next six months, and true and accurate accounts filed into court.