[2024] KEHC 7996 (KLR)

[2024] KEHC 7996 (KLR)

The court found that the summons for confirmation of grant was properly supported by affidavit and that all beneficiaries had consented to the proposed mode of distribution. There being no objection or dispute, the court allowed the application and ordered that the estate be distributed as per the schedule set out...

Source-derived case information.

Citation
[2024] KEHC 7996 (KLR)
Parties
Applicant: Grace Anyango Auma; Applicant: Aggrey Ochieng Auma; Applicant: Fredrick Auma Omondi
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Commercial Case 10 of 2018
Procedural Posture
Miscellaneous Application / Ruling on Summons for Confirmation of Grant
Outcome
summons for confirmation of grant allowed; estate to be distributed as per schedule; certificate of confirmation to issue; file closed
Judges
MS Shariff
Legal Topics
Succession, Confirmation of Grant, Distribution of Estate
Source Language
en
Family and Children Succession Confirmation of Grant Distribution of Estate

Source-derived case record

Summary, issues, holding and outcome

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Parties

Grace Anyango Auma

Applicant

Aggrey Ochieng Auma

Applicant

Fredrick Auma Omondi

Applicant

Procedural Posture

Miscellaneous Application / Ruling on Summons for Confirmation of Grant

Legal Issues

  1. 1 Whether the summons for confirmation of grant should be allowed as prayed.
  2. 2 Whether the proposed mode of distribution has the consent of all beneficiaries.

Ratio Decidendi

The court found that the summons for confirmation of grant was properly supported by affidavit and that all beneficiaries had consented to the proposed mode of distribution. There being no objection or dispute, the court allowed the application and ordered that the estate be distributed as per the schedule set out in the supporting affidavit. The court further directed that a certificate of confirmation of grant be issued and marked the file as closed.

Court Disposition

summons for confirmation of grant allowed; estate to be distributed as per schedule; certificate of confirmation to issue; file closed

Orders

  • The estate of the deceased shall be distributed as per the schedule of distribution set out in paragraph 8 of the supporting affidavit.
  • A certificate of confirmation of grant shall issue accordingly.