[2024] KEHC 6016 (KLR)
The court found that there was no objection to the making of the grant as per the Gazette Notice dated 19th April 2024. The applicant, Elizabeth Pola Obanda, had complied with the necessary procedural requirements for the issuance of a grant of letters of administration. Accordingly, the court issued the grant to...
Source-derived case information.
- Citation
- [2024] KEHC 6016 (KLR)
- Parties
- Applicant: Elizabeth Pola Obanda; Respondent: Clement Andrew Obanda alias Clement Odeny Obanda (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E007 of 2024
- Procedural Posture
- Succession Cause / Ruling on Petition for Grant of Letters of Administration
- Outcome
- Grant of letters of administration issued to the applicant; directions given for confirmation of grant and distribution schedule.
- Judges
- RE Aburili
- Legal Topics
- Probate and Administration, Grant of Letters of Administration, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Pola Obanda
Applicant
Clement Andrew Obanda alias Clement Odeny Obanda (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Petition for Grant of Letters of Administration
Legal Issues
- 1 Whether the applicant is entitled to a grant of letters of administration for the estate of the deceased.
- 2 Whether there are any objections to the making of the grant.
Ratio Decidendi
The court found that there was no objection to the making of the grant as per the Gazette Notice dated 19th April 2024. The applicant, Elizabeth Pola Obanda, had complied with the necessary procedural requirements for the issuance of a grant of letters of administration. Accordingly, the court issued the grant to the applicant to administer the estate of the deceased in accordance with the law, subject to the filing of summons for confirmation of grant and an agreed schedule of distribution within six months.
Court Disposition
Grant of letters of administration issued to the applicant; directions given for confirmation of grant and distribution schedule.
Orders
- Grant of letters of administration issued to Elizabeth Pola Obanda to administer the estate of the deceased.
- Petitioner to file summons for confirmation of grant with an agreed schedule of distribution within six months.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Clement Andrew Obanda alias Clement Odeny Obanda (Deceased) (Succession Cause E007 of 2024) [2024] KEHC 6016 (KLR) (24 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6016 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause E007 of 2024
RE Aburili, J
May 24, 2024
IN THE MATTER OF THE ESTATE OF CLEMENT ANDREW OBANDA alias CLEMENT ODENY OBANDA (DECEASED) AND IN THE MATTER OF APPLICATION BY ELIZABETH POLA OBANDA – PETITIONER/APPLICANT
Ruling
1. I have perused the Gazette Notice dated 19th April 2024. There is no objection to making of grant.
2. I hereby issue grant to the Petitioner Elizabeth Pola Obanda to administer the estate of the deceased Clement Andrew Obanda alias Clement Odeny Obanda in accordance with the Law.
3. The Petitioner to file summons for confirmation of grant accompanied by an agreed schedule of distribution of the estate to all beneficiaries of the estate with their respective shares of the estate duly identified, within six months of today.
4. Mention on 30th September 2024 to confirm filing of summons for confirmation of grant.
5. A grant in the prescribed form to be availed for signature. The Registry to notify the Petitioner.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF MAY, 2024R. E. ABURILIJUDGE