[2021] KEHC 8870 (KLR)
The court confirmed the grant issued to the administrators after establishing that all beneficiaries of the deceased's estate had been identified, all assets had been listed, and all beneficiaries had consented to the proposed mode of distribution. The court was satisfied by the consent filed, the affidavit in...
Source-derived case information.
- Citation
- [2021] KEHC 8870 (KLR)
- Parties
- Applicant: Rickson Odhiambo Odondi; Applicant: Rachel Adhiambo Odondi
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 6 of 2020
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- Grant confirmed and certificate of confirmation issued. Administrators to distribute the estate as agreed. File closed.
- 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 all beneficiaries of the estate have been identified and consented to the proposed mode of distribution.
- 2 Whether the grant issued to the administrators should be confirmed.
Ratio Decidendi
The court confirmed the grant issued to the administrators after establishing that all beneficiaries of the deceased's estate had been identified, all assets had been listed, and all beneficiaries had consented to the proposed mode of distribution. The court was satisfied by the consent filed, the affidavit in support, and the oral confirmation from each beneficiary. Consequently, the court issued a certificate of confirmation of grant and directed the administrators to distribute the estate as agreed by all beneficiaries and as per the schedule of distribution filed. The matter was thus finalized and the file closed.
Court Disposition
Grant confirmed and certificate of confirmation issued. Administrators to distribute the estate as agreed. File closed.
Orders
- The grant issued to Rickson Odhiambo Odondi and Rachel Adhiambo Odondi on 16.9.2020 is confirmed.
- Certificate of confirmation of grant to be issued.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
P&A SUCCESSION CAUSE NO. 6 OF 2020
IN THE MATTER OF THE ESTATE OF FELISTER LYIMO ODHIAMBO (DECEASED)
IN THE MATTER OF SUMMONS FOR CONFIRMATION OF GRANT
BY
1. RICKSON ODHIAMBO ODONDI ] ADMINISTRATORS
2. RACHEL ADHIAMBO ODONDI
RULING
1. As all the beneficiaries of the estate of the late Felister Lyimo Odhiambo have been identified and all assets of the state listed and identified, and as all the beneficiaries have agreed on the mode of distribution of the estate as per the consent filed and affidavit in support and as confirmed to the court on inquiry from each of the individual beneficiaries, I hereby confirm the grant issued to Rickson Odhiambo Odondi and Rachel Adhiambo Odondi on 16. 9.2020.
2. I hereby issue certificate of confirmation of the said grant and direct the administrators to proceed and administer and distribute the estate of the deceased Felister Lyimo Odhiambo as agreed by all the beneficiaries and as per the schedule of distribution filed by the administrators on 4. 2.2021.
3. Orders accordingly and this file is now closed.
Dated, Signed and Delivered at Siaya this 1st day of March 2021
R. E. ABURILI
JUDGE