[2023] KEHC 2993 (KLR)
The court found that since the sole beneficiary, Jenifa Auma Odie, had died before the estate was fully administered and there was no evidence of other beneficiaries, the administrators were entitled to rectification of the grant. The chief's letter indicated the deceased beneficiary's wish for the administrators to...
Source-derived case information.
- Citation
- [2023] KEHC 2993 (KLR)
- Parties
- Applicant: Patrick Wasonga Akacha; Applicant: Maurice Odiek; Respondent: Jenifa Auma Odie
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 89 of 2011
- Procedural Posture
- Succession Cause / Ruling on Application to Rectify Grant and Redistribute Estate
- Outcome
- Application to rectify grant allowed; certificate of confirmation of grant set aside and substituted; administrators to share estate and render accounts.
- Judges
- RE Aburili
- Legal Topics
- Succession of Estates, Grant Rectification, Administration of Estates, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Wasonga Akacha
Applicant
Maurice Odiek
Applicant
Jenifa Auma Odie
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Rectify Grant and Redistribute Estate
Legal Issues
- 1 Whether the administrators are entitled to rectification of the grant following the death of the sole beneficiary.
- 2 Whether the estate of Dalmas Chama Omuko is fully administered if the property was not transferred to the deceased beneficiary.
- 3 How the estate should be distributed in the absence of other beneficiaries.
Ratio Decidendi
The court found that since the sole beneficiary, Jenifa Auma Odie, had died before the estate was fully administered and there was no evidence of other beneficiaries, the administrators were entitled to rectification of the grant. The chief's letter indicated the deceased beneficiary's wish for the administrators to share the estate. The court held that if the property had not been transferred to the deceased beneficiary, the estate remained unadministered and the administrators, as the only surviving beneficiaries, should share the estate. The certificate of confirmation of grant was set aside and substituted with an amended certificate reflecting the new distribution. The administrators...
Court Disposition
Application to rectify grant allowed; certificate of confirmation of grant set aside and substituted; administrators to share estate and render accounts.
Orders
- The application dated October 4, 2022 is allowed.
- The certificate of confirmation of grant issued on December 20, 2017 is set aside and substituted with an amended certificate reflecting the new distribution.
Full Case Text
Judgment text and source record
27 paragraphs
In re Estate of Dalmas Chama Omuko (Deceased) (Succession Cause 89 of 2011) [2023] KEHC 2993 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2993 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 89 of 2011
RE Aburili, J
March 24, 2023
IN THE MATTER OF THE ESTATE OF DALMAS CHAMA OMUKO (DECEASED)
In the matter of
Patrick Wasonga Akacha
1st Applicant
Maurice Odiek
2nd Applicant
Ruling
1. A grant of letters of administration intestate was issued to Patrick Wasonga Akacha and Maurice Ondiek to administer the estate of the deceased Dalmas Chama Omuko on April 30, 2013.
2. In the Certificate of confirmation of grant issued on December 20, 2017, the sole beneficiary of the entire estate comprising two parcels of land Nos Kisumu/Sidho/227 and Kisumu/Sidho/210 was Jenifa Auma Odie who was the widow and sole beneficiary as she had no child, according to the chief’s letter dated January 25, 2011 written to court by Martin Olum.
3. The widow however consented to the administrators herein petitioning for grant which they did and it was confirmed in their names.
4. However, from the application dated October 4, 2022, the said widow/sole beneficiary has since died and the two administrators now seek to rectify the grant to share the property held by the deceased beneficiary as they are the only surviving beneficiaries.
5. I observe that the Chief’s letter dated January 25, 2011 indicated that the deceased Jenifa Auma Odie had wished that the two administrators share the named properties as proposed in the application dated October 4, 2022.
6. It is not clear whether the deceased Jenifa Auma Odie had caused the two parcels of land to be registered in her name prior to her demise. If she had not done so as per the grant confirmed on December 20, 2017, then the estate of the deceased Dalmas Chama Omuko is not fully administered hence, the need to have the administrators complete that process.
7. In the premises, as there is no evidence of there being any other beneficiary to the estate, I hereby allow the application dated October 4, 2022 and order that the applicants herein who are also administrators of the estate of Dalmas Chama Omuko and the only surviving beneficiaries of the said estate shall share in the property of the deceased which is not yet distributed and or the estate fully administered.
8. The certificate of confirmation of grant issued on December 20, 2017 is hereby set aside and substituted with a fresh/amended certificate of confirmation of grant with a schedule of distribution of the estate being amended to accord with the proposed schedule contained in the application dated October 4, 2022.
9. Administrators/Beneficiaries herein to fully administer the estate of the deceased Dalmas Chama Omuko and file/render accounts to court within 6 months of this date as required under section 83 of the Law of Succession Act.
10. Parties to be notified forthwith.
11. This file is now closed.
12. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF MARCH, 2023. RE ABURILIJUDGE