[2024] KEHC 6238 (KLR)
The court found that all beneficiaries had consented in writing to the proposed rectification of the grant, with the administratix ceding the sole fixed asset to one beneficiary and being vested with the estate's bank funds. There was no controversy or objection among the beneficiaries. The court held that, in the...
Source-derived case information.
- Citation
- [2024] KEHC 6238 (KLR)
- Parties
- Applicant: Jesca Agneta Adongo Hongo; Respondent: Jared Ouma Adongo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E030 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Summons for rectification of grant allowed; previous confirmation orders set aside and substituted; rectified certificate of confirmation to issue.
- Judges
- RE Aburili
- Legal Topics
- Succession, Rectification of Grant, Distribution of Estate, Consent of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jesca Agneta Adongo Hongo
Applicant
Jared Ouma Adongo
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the rectification of the grant to alter the distribution of the estate is justified and in accordance with the law.
- 2 Whether the consents of all beneficiaries are valid and sufficient to support the proposed changes.
- 3 Whether the administratix is entitled to be vested with the funds held at National Bank of Kenya as sole beneficiary.
Ratio Decidendi
The court found that all beneficiaries had consented in writing to the proposed rectification of the grant, with the administratix ceding the sole fixed asset to one beneficiary and being vested with the estate's bank funds. There was no controversy or objection among the beneficiaries. The court held that, in the absence of dispute and with full beneficiary consent, it was appropriate to grant the rectification as sought. The court also noted the administratix's obligation to comply with statutory requirements for filing accounts and transmitting property. Accordingly, the previous confirmation orders were set aside and substituted with new orders reflecting the agreed distribution, and...
Court Disposition
Summons for rectification of grant allowed; previous confirmation orders set aside and substituted; rectified certificate of confirmation to issue.
Orders
- Orders confirming the grant made on 14th January 2010 are set aside.
- Grant issued on 6th February 1998 is confirmed in terms of the new distribution.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of George Adongo Hongo (Deceased) (Miscellaneous Succession Cause E030 of 2024) [2024] KEHC 6238 (KLR) (31 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6238 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E030 of 2024
RE Aburili, J
May 31, 2024
Ruling
1. This matter arises from HC Succession Cause No. 368 of 1997 wherein the grant was issued on 6th February 1998 and confirmed on 14/1/2010 but dated 27th April 2010 to the administratix Jesca Agneta Adongo Hongo, to administer the estate of the deceased George Adongo Hongo, and the file closed and archived.
2. The only fixed asset of the estate being Kisumu Kadongo/4105 was not listed in P& A 5 form but during confirmation, it was given to the administratix Jesca Agneta Adongo Hongo whole.
3. All the beneficiaries have now filed affidavits of consent agreeing that the property in issue should be vested in one of the beneficiaries Jared Ouma Adongo and that in the Certificate of confirmation sought to be rectified, therein be included the funds held at National Bank of Kenya (NBK) Account No. 01030023500700 to be vested in the administratix as a sole beneficiary.
4. I have considered the summons for rectification of grant dated 15th April 2024, the supporting affidavit and the annextures thereto which include consents and National Identity cards filed by the rest of the beneficiaries who all support the rectification of the grant as confirmed and, in the manner, proposed by the administratix.
5. I note that the administratix is ceding ownership of the sole fixed asset to Jared Ouma Adongo, her son and that her other children beneficiaries have no objection.
6. I also note that an account held with National Bank with funds being the benefits accruing to the estate of the deceased from his employer cannot be accessed unless there is authority from this court and all the beneficiaries have agreed that the administratix who is their mother be the sole beneficiary.
7. I observe that there has been inordinate delay in transmitting the estate property into the administratix name and the distribution of the estate and the filing of true and accurate accounts into court as stipulated under Section 83 of the Law of Succession Act.
8. That aside, as there are no controversies raging in the distribution of the estate, I hereby grant the prayers sought in the summons for rectification of grant dated 15th April 2024.
9. I set aside the orders confirming the grant made on 14th January 2010 and substitute the said order with an order confirming the grant issued on 6th February 1998 in terms of the fresh proposed mode of distribution of the estate of the deceased George Adongo Hongo, amending the schedule of distribution of the estate to confer property No. Kisumu Kadongo/4105 to Jared Ouma Adongo in whole and assigning benefits held at National Bank of Kenya Personal Account No. 01030023500700 to the Administratix Jesca Agneta Adongo Hongo in whole.
10. A rectified certificate of confirmation of grant to issue forthwith.
11. The Administratix to comply with Section 83 of the Law of Succession Act within six (6) months of today.
12. I so order.
13. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 31ST DAY OF MAY, 2024________R. E. ABURILIJUDGE