[2024] KEHC 6939 (KLR)

[2024] KEHC 6939 (KLR)

The court found that the application for confirmation of grant was properly before it, that the proposed schedule of distribution as set out in the further affidavit of Vitalis Ngwiye Agwanga was acceptable, and that there were no substantive objections from the beneficiaries. The court exercised its discretion...

Source-derived case information.

Citation
[2024] KEHC 6939 (KLR)
Parties
Applicant: Vitalis Ngwiye Agwanga; Respondent: Patricia Auma Ayieko
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Succession Cause 765 of 2009
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Outcome
Application for confirmation of grant allowed; estate to be distributed as per schedule; certificate of confirmation to issue; file closed.
Judges
MS Shariff
Legal Topics
Succession, Confirmation of Grant, Distribution of Estate
Source Language
en
Family and Children Succession Confirmation of Grant Distribution of Estate

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Parties

Vitalis Ngwiye Agwanga

Applicant

Patricia Auma Ayieko

Respondent

Procedural Posture

Succession Cause / Ruling on Summons for Confirmation of Grant

Legal Issues

  1. 1 Whether the summons for confirmation of grant should be allowed and the estate distributed as proposed.
  2. 2 Whether the distribution schedule in the further affidavit of Vitalis Ngwiye Agwanga should be adopted.

Ratio Decidendi

The court found that the application for confirmation of grant was properly before it, that the proposed schedule of distribution as set out in the further affidavit of Vitalis Ngwiye Agwanga was acceptable, and that there were no substantive objections from the beneficiaries. The court exercised its discretion under the Law of Succession Act to confirm the grant and order distribution of the estate as per the agreed schedule. The matter was thus concluded and the file marked as closed.

Court Disposition

Application for confirmation of grant allowed; estate to be distributed as per schedule; certificate of confirmation to issue; file closed.

Orders

  • The estate of the deceased shall be distributed in accordance with the schedule in paragraph 4 of the further affidavit of Vitalis Ngwiye Agwanga.
  • A certificate of confirmation of grant to issue accordingly.