[2023] KEHC 1794 (KLR)
The court found that the omission of the asset Siaya/Mulaha/1454 from the original list of assets was not deliberate but due to lack of knowledge at the time of the initial petition. The applicant provided credible evidence of the asset's existence and obtained the consent of all beneficiaries for its inclusion and...
Source-derived case information.
- Citation
- [2023] KEHC 1794 (KLR)
- Parties
- Applicant: Margaret Akello Ohas; Respondent: Josephine Atieno Ohas; Respondent: Corazon Akinyi Ohas
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 602 of 2010
- Procedural Posture
- Succession Cause / Ruling on Application for Review and Confirmation of Grant
- Outcome
- application allowed; previous confirmation of grant set aside; fresh certificate of confirmation issued including new asset; distribution to be completed within six months
- Judges
- RE Aburili
- Legal Topics
- Succession, Confirmation of Grant, Review of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Akello Ohas
Applicant
Josephine Atieno Ohas
Respondent
Corazon Akinyi Ohas
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Review and Confirmation of Grant
Legal Issues
- 1 Whether the omission of asset Siaya/Mulaha/1454 from the original grant was deliberate or justified.
- 2 Whether the court should review and set aside the previous certificate of confirmation of grant to include the omitted asset.
- 3 Whether the proposed mode of distribution, including the new asset, is fair and agreed upon by all beneficiaries.
Ratio Decidendi
The court found that the omission of the asset Siaya/Mulaha/1454 from the original list of assets was not deliberate but due to lack of knowledge at the time of the initial petition. The applicant provided credible evidence of the asset's existence and obtained the consent of all beneficiaries for its inclusion and equal distribution. There being no objection, and in the interest of justice and full administration of the estate, the court exercised its discretion to review and set aside the previous certificate of confirmation of grant. The court confirmed the grant as per the new proposed mode of distribution, including the newly discovered asset, and ordered the administratrix to...
Court Disposition
application allowed; previous confirmation of grant set aside; fresh certificate of confirmation issued including new asset; distribution to be completed within six months
Orders
- The order made on March 18, 2011 confirming the grant of letters of administration intestate issued to the Petitioner Margaret Akello Ohas is reviewed and set aside.
- The grant issued to Margaret Akello Ohas on February 21, 2011 is confirmed as per the fresh proposed mode of distribution filed on October 5, 2022, including the asset Siaya/Mulaha/1454.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Gabriel John Ohas (Deceased) (Succession Cause 602 of 2010) [2023] KEHC 1794 (KLR) (15 March 2023) (Ruling)
Neutral citation: [2023] KEHC 1794 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 602 of 2010
RE Aburili, J
March 15, 2023
Ruling
1. The application dated October 3, 2022 by way of Chamber Summons seeks for review, setting aside and or revising of the Certificate of confirmation of grant issue on March 18, 2022.
2. The grounds upon which the application is predicated are inter alia, that the Petitioner had no knowledge of the existence of the extra asset of the deceased Gabriel John Ohas as at the material time until titles were issued pursuant to the directive of the President in 2022, after the Lands Registry, Siaya, contacted the Petitioner.
3. The application is supported by affidavit sworn by the Petitioner/Administratix Margaret Akello Ohas wherein she deposes explaining the reasons for non-inclusion of the asset Siaya/Mulaha/1454 when she petitioned for grant in this cause. She has annexed the search certificate for the said asset and a consent on the proposed mode of distribution of the estate that includes the asset to be included.
4. There are only three (3) beneficiaries of the estate. The other two beneficiaries namely: Josephine Atieno Ohas and Corazon Akinyi Ohas have signed a consent and the extra asset is proposed to be shared equally which is the best mode of distribution of the estate, there being no objection.
5. Having considered the Chamber Summons, the grounds and Supporting Affidavit sworn by the Petitioner/Administrator, I am satisfied that the omission to include the asset Siaya/Mulaha/1454 in P & A No 5 as an asset of the estate of the deceased Gabriel John Ohas was not deliberate and that it is in the interest of justice that the orders sought are granted to enable the estate of the deceased be fully administered and distributed.
6. In the premises, I hereby allow the application dated October 3, 2022 and make the following orders.1. That the order made on March 18, 2011 confirming the grant of letters of administration intestate issued to the Petitioner Margaret Akello Ohas be and is hereby reviewed and set aside.2. That I hereby confirm the grant issued the Margaret Akello Ohas on February 21, 2011 as per the fresh proposed mode of distributions filed on October 5, 2022, including therein an extra asset namely, Siaya/Mulaha/1454. 3.That a fresh certificate of confirmation of grant is hereby issued, confirming the grant issued on February 21, 2011. 4.That the Administratix Margaret Akello Ohas to administer the deceased’s estate in accordance with the law and to fully distribute the said estate to the beneficiaries of the estate as per the adopted mode of distribution as filed on October 5, 2022 and to complete the entire process within six (6) months from the date hereof and file into court accounts as contemplated in section 83 of the Law of Succession Act.5. Mention on September 20, 2023 to confirm compliance and in default, the court shall revoke the grant herein issued and confirmed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15TH DAY OF MARCH, 2022R. E. ABURILIJUDGE