[2023] KEHC 17749 (KLR)
The court found that all survivors of the deceased had signed a consent letter regarding the distribution of the estate and had confirmed the same in open court. There was no evidence of dispute or objection to the proposed distribution. The court held that it was proper to adopt the consent as the basis for...
Source-derived case information.
- Citation
- [2023] KEHC 17749 (KLR)
- Parties
- Applicant: Felista Olinga Imachulanga; Respondent: Survivors of Francis Otuko Domiano
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 93 of 2006
- Procedural Posture
- Succession Cause / Ruling on Distribution of Estate and Adoption of Consent
- Outcome
- Consent on distribution of estate adopted; grant and certificate of confirmation to issue.
- Judges
- WM Musyoka
- Legal Topics
- Succession, Estate Distribution, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Felista Olinga Imachulanga
Applicant
Survivors of Francis Otuko Domiano
Respondent
Procedural Posture
Succession Cause / Ruling on Distribution of Estate and Adoption of Consent
Legal Issues
- 1 Whether the consent signed by the survivors regarding distribution of the estate should be adopted by the court.
- 2 Whether the estate should be distributed as per the consent and a certificate of confirmation of grant issued.
Ratio Decidendi
The court found that all survivors of the deceased had signed a consent letter regarding the distribution of the estate and had confirmed the same in open court. There was no evidence of dispute or objection to the proposed distribution. The court held that it was proper to adopt the consent as the basis for distributing the estate. Accordingly, the estate would be distributed in the manner proposed in the consent, and a grant of letters of administration intestate and a certificate of confirmation of grant would issue as per the agreed terms.
Court Disposition
Consent on distribution of estate adopted; grant and certificate of confirmation to issue.
Orders
- The consent letter dated 6th December 2022 and filed on 24th February 2023 is adopted as the order of the court.
- The estate shall be distributed in the manner proposed in the consent.
Full Case Text
Judgment text and source record
13 paragraphs
In re Estate of Francis Otuko Domiano (Deceased) (Succession Cause 93 of 2006) [2023] KEHC 17749 (KLR) (26 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17749 (KLR)
Republic of Kenya
In the High Court at Busia
Succession Cause 93 of 2006
WM Musyoka, J
May 26, 2023
IN THE MATTER OF THE ESTATE OF FRANCIS OTUKO DOMIANO (DECEASED)
Ruling
1. There were proceedings conducted herein, on 2nd March 2023 and 18th April 2023, with respect to distribution of the estate herein. The said proceedings were founded on a consent letter lodged herein on 24th February 2023.
2. I note that the survivors of the deceased signed the consent in question, and confirmed it in open court.
3. Consequently, I do hereby adopt the said consent, comprised in the letter filed herein on 24th February 2023, dated 6th December 2022. The estate shall be distributed in the manner proposed. A grant of letters of administration intestate and a certificate of confirmation of grant to issue accordingly. It is so ordered.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA ON THIS 26 TH DAY OF MAY 2023WM MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AppearancesFelista Olinga Imachulanga, the administratrix.Mr. Ashioya, instructed by Ashioya & Company, Advocates for the applicant.