[2019] KEHC 10411 (KLR)
The court found that the issues raised by the objector regarding the completeness of the estate's property, the status of jointly owned property, and the adequacy of provision for all heirs must be resolved before the application for confirmation of grant can be entertained. The court therefore allowed the objection...
Source-derived case information.
- Citation
- [2019] KEHC 10411 (KLR)
- Parties
- Petitioner: David Oporong George; Objector: Christopher Omoding Ochokolo
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 22 of 2010
- Procedural Posture
- Probate and Administration / Ruling on Objection to Confirmation of Grant
- Outcome
- Objection allowed. Directions issued for resolution of issues before confirmation of grant.
- Judges
- KW Kiarie
- Legal Topics
- Succession, Confirmation of Grant, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Oporong George
Petitioner
Christopher Omoding Ochokolo
Objector
Procedural Posture
Probate and Administration / Ruling on Objection to Confirmation of Grant
Legal Issues
- 1 Whether all property of the deceased's estate has been included in the confirmation application.
- 2 Whether jointly owned property of the deceased has been properly determined.
- 3 Whether the proposed distribution adequately caters for all heirs.
Ratio Decidendi
The court found that the issues raised by the objector regarding the completeness of the estate's property, the status of jointly owned property, and the adequacy of provision for all heirs must be resolved before the application for confirmation of grant can be entertained. The court therefore allowed the objection and directed the parties to address these issues and file a proper application for confirmation within 60 days, failing which the grant would be revoked without further reference to the parties.
Court Disposition
Objection allowed. Directions issued for resolution of issues before confirmation of grant.
Orders
- Parties and their counsel to address the issues raised and file an application for confirmation within 60 days.
- Failure to file within 60 days will result in revocation of the grant without reverting to the parties.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUSIA
PROBATE & ADMINSTRATION NO. 22 OF 2010
IN THE ESTATE OF:
GEORGE ERNEST WASIKE OCHOKOLO..............DECEASED
BETWEEN
DAVID OPORONG GEORGE..................................PETITIONER
AND
CHRISTOPHER OMODINGOCHOKOLO.............OBJECTOR
RULING
1. On 17th April 2018, Christopher Omoding Ochokolo, the objector herein filed an objection to the confirmation of the grant issued herein on 10th July 2012 to four administrators who include the objector herein. From his objection I was able to identify the following concerns:
a) That not all property of the estate of the deceased herein have been included.
b) That there is an issue of other property, owned by the deceased jointly with others, which has not been determined.
c) That the proposal of distribution has not catered for some heirs.
2. The application was opposed by the petitioner/respondent.
3. I have perused the affidavits of both parties and the record. What has emerged is that before an application for confirmation is entertained, the issues raised in the objection need to be resolved.
4. I will therefore allow the application and direct that the parties and their counsel to address the issues raised and file an application for confirmation within 60 days failure to do so, the grant will be revoked without reverting to the parties.
5. The costs of this application to be in the cause.
DELIVEREDandSIGNEDatBUSIAthis4th dayof February, 2019
KIARIE WAWERU KIARIE
JUDGE