[2021] KEHC 9540 (KLR)
The court directed the administrators to procure a valuation of the estate property, file valuation reports, propose auctioneers, and provide a detailed statement of account for rent collections. The proceeds from the sale and rent are to be shared equally among the surviving children of the deceased, except for...
Source-derived case information.
- Citation
- [2021] KEHC 9540 (KLR)
- Parties
- Applicant: Robert Achapa Akello; Respondent: Harrison Ouma Akelo; Respondent: Herine Akinyi Akelo; Respondent: Emmanuel Omondi Akelo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 84 of 1998
- Procedural Posture
- Succession Cause / Directions After Judgment and Pending Compliance Confirmation
- Outcome
- Matter referred to Kisumu for confirmation of compliance and further disposal.
- Judges
- TW Cherere
- Legal Topics
- Succession, Estate Distribution, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Achapa Akello
Applicant
Harrison Ouma Akelo
Respondent
Herine Akinyi Akelo
Respondent
Emmanuel Omondi Akelo
Respondent
Procedural Posture
Succession Cause / Directions After Judgment and Pending Compliance Confirmation
Legal Issues
- 1 Whether the administrators have complied with the court's orders regarding valuation, sale, and distribution of the estate property.
- 2 How the proceeds from the sale and rent of the estate property should be distributed among the beneficiaries.
Ratio Decidendi
The court directed the administrators to procure a valuation of the estate property, file valuation reports, propose auctioneers, and provide a detailed statement of account for rent collections. The proceeds from the sale and rent are to be shared equally among the surviving children of the deceased, except for Harrison Ouma Akelo, who has already benefited from the asset for 22 years. The court's orders are to ensure compliance with the principles of fairness and proper administration of the estate as required by the Law of Succession Act. The matter is referred to Kisumu for confirmation of compliance and further disposal.
Court Disposition
Matter referred to Kisumu for confirmation of compliance and further disposal.
Orders
- Administrators to procure a recent valuation of LR. NO. 1148/1059 (land and buildings) within 60 days.
- Valuation reports to be filed in court with a list of two preferred licensed auctioneers from each side.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
(CORAM: CHERERE-J)
SUCCESSION CAUSE NO. 84 OF 1998
IN THE MATTER OF THE ESTATE OF EDWARD AKELO NYANGÓR
(DECEASED)
BETWEEN
ROBERT ACHAPA AKELLO.................................OBJECTOR/APPLICANT
AND
HARRISON OUMA AKELO...........1STADMINISTRATOR/RESPONDENT
AND
HERINE AKINYI AKELO..........................................2NDADMINISTRATOR
EMMANUEL OMONDI AKELO...............................3RDADMINISTRATOR
DIRECTIONS
1. By a judgment dated 21st October, 2020, I made orders that:
1) Harrison, Herine and Emmanuel are to procure a recent valuation of LR. NO. 1148/1059 (both the land and buildings thereon) by their preferred licensed valuer within 60 days of today’s date
2) The valuation reports are to be filed into court within the stated period alongside a list of two names by each side to the dispute, of their preferred licensed auctioneers to undertake the sale of the suit property as will be directed by the court.
3) Further to the foregoing, Harrison, Herine and Emmanuel shall also file a detailed statement of account for the joint rent collection account.
4) Whatever proceeds will be realized from the sale and rents shall be shared equally amongst the surviving children of the deceased except Harrison Ouma Akelo who has benefited from the asset for the last 22 years
5) This matter shall be mentioned on 25. 01. 2021 to confirm compliance
6) Certificate of confirmation of grant shall isuue in terms of Paragraph 11 and 21(4) above
2. What is pending in this matter is confirmation of compliance with the court’s orders and any other matter that may arise therefrom.
3. This matter is therefore referred to Kisumu for disposal.
Dated at Meru this 18th Day of January 2021
T. W. CHERERE
JUDGE