[2021] KEHC 8926 (KLR)
The court found that all beneficiaries of the deceased's estate had been properly identified, all assets listed, and that there was unanimous consent among the beneficiaries regarding the mode of distribution. The administrators had complied with the requirements under Section 71(3) of the Law of Succession Act....
Source-derived case information.
- Citation
- [2021] KEHC 8926 (KLR)
- Parties
- Applicant: Rickson Odhiambo Odondi; Applicant: Rachel Adhiambo Odondi
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 3 of 2020
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- Grant confirmed and administrators directed to distribute the estate as agreed by all beneficiaries.
- Judges
- RE Aburili
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rickson Odhiambo Odondi
Applicant
Rachel Adhiambo Odondi
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be confirmed in light of the beneficiaries' consent to the proposed distribution of the estate.
- 2 Whether the administrators should be directed to distribute the estate as per the agreed schedule.
Ratio Decidendi
The court found that all beneficiaries of the deceased's estate had been properly identified, all assets listed, and that there was unanimous consent among the beneficiaries regarding the mode of distribution. The administrators had complied with the requirements under Section 71(3) of the Law of Succession Act. Accordingly, the court confirmed the grant and directed the administrators to distribute the estate as per the agreed schedule, as no dispute or objection was raised.
Court Disposition
Grant confirmed and administrators directed to distribute the estate as agreed by all beneficiaries.
Orders
- The grant issued to Rickson Odhiambo Odondi and Rachel Adhiambo Odondi is confirmed.
- Administrators to distribute the estate of Dickson Odhiambo Odondi as per the agreed schedule filed on 4.2.2021.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
P&A SUCCESSION CAUSE NO. 3 OF 2020
IN THE ESTATE OF DICKSON ODHIAMBO ODONDI – DECEASED
IN THE MATTER OF AN APPLICATION
BY
1. RICKSON ODHIAMBO ODONDI]
2. RACHEL ADHIAMBO ODONDI ] ..................................ADMINISTRATORS
RULING
1. This application is in respect of Summons for confirmation of grant issued to the Administrators herein Rickson Odhiambo Odondi and Rachel Adhiambo Odondi dated 4th February. As all the beneficiaries of the estate have been identified and all assets of the estate of the deceased DICKSON ODHIAMBO ODONDI listed and identified, and as all the beneficiaries have agreed on the mode of distribution of the estate as per the consent and affidavit in support of summons Under Section 71(3) of the Laws of Succession Actfor confirmation of grant issued on 16. 9.2020 to Rickson Odhiambo Odondi and Rachel Adhiambo Odondi, I hereby confirm the said grant and direct the Administrators to proceed and administer and distribute the estate of the deceased Dickson Odhiambo Odondi as agreed by all the beneficiaries and as per the schedule of distribution filed by the administrators on 4. 2.2021.
2. A certificate of confirmation of the said grant to issue forthwith.
3. File closed.
4. Orders accordingly.
Dated, Signed and Delivered at Siaya this 1st day of March 2021
R. E. ABURILI
JUDGE