[2023] KEHC 3730 (KLR)
The court found that the continued delay in the distribution of the deceased's estate was unjustified, especially given the modest value and the long passage of time since confirmation of the grant. With one administrator deceased, substitution was necessary to ensure the estate could be properly administered....
Source-derived case information.
- Citation
- [2023] KEHC 3730 (KLR)
- Parties
- Applicant: Charles Owino Odinga; Applicant: Fredrick Oduor; Respondent: Regina Akinyi Oringe
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 241 of 2011
- Procedural Posture
- Succession Cause / Ruling on Application for Substitution and Transfer of File
- Outcome
- Application for substitution allowed; file transferred to Ukwala Principal Magistrate's Court; High Court file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession, Estate Administration, Grant of Letters, Substitution of Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Owino Odinga
Applicant
Fredrick Oduor
Applicant
Regina Akinyi Oringe
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Substitution and Transfer of File
Legal Issues
- 1 Whether the substitution of a deceased administrator is warranted in the circumstances.
- 2 Whether the matter should be transferred to a court of competent jurisdiction given the value and location of the estate.
- 3 Whether the delay in distribution of the estate requires judicial intervention.
Ratio Decidendi
The court found that the continued delay in the distribution of the deceased's estate was unjustified, especially given the modest value and the long passage of time since confirmation of the grant. With one administrator deceased, substitution was necessary to ensure the estate could be properly administered. Furthermore, since the deceased and the estate assets were located within Ukwala, and the value of the estate was within the pecuniary jurisdiction of the Principal Magistrate's Court, the High Court exercised its discretion to transfer the matter to the Ukwala Law Courts for final determination. The court also issued administrative directions to improve future case management,...
Court Disposition
Application for substitution allowed; file transferred to Ukwala Principal Magistrate's Court; High Court file closed.
Orders
- All pending issues in this cause shall be handled by Ukwala Principal Magistrate’s Court, to which the file is transferred.
- Deputy Registrar to submit the file to the Principal Magistrate, Ukwala Law Courts and notify the applicants and the Chief, Ukwala location.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of Gerald Oginga Orwako (Deceased) (Succession Cause 241 of 2011) [2023] KEHC 3730 (KLR) (24 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3730 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 241 of 2011
RE Aburili, J
April 24, 2023
IN THE MATTER OF THE ESTATE OF GERALD OGINGA ORWAKO...........................................(DECEASED) AND
In the matter of
Charles Owino Odinga
1st Applicant
Fredrick Oduor
2nd Applicant
Ruling
1. The Cause herein was filed in 2011. The deceased Gerald Oginga Orwako was a resident of Ukwala. He died on April 21, 2000. His widow and son Regina Akinyi Oringe and Charles Owino Odinga petitioned for a grant to administer his estate.
2. They were introduced to this court by a letter written on February 11, 2011 by the Chief Ukwala location PO Box 260 Ukwala.
3. The grant which was issued to the Petitioners on October 31, 2011 was subsequently confirmed on December 31, 2013. To date, the estate of the deceased which comprised of shares in East African Breweries Limited and Land Parcel No North Ugenya/Simur/1449 has never been distributed fully. There are no explanation for the delay.
4. By a Notice of Motion dated February 17, 2023, Charles Owino Odinga and Fredrick Oduor seeks for substitution of Regina Akinya Oringe one of the administrators who has since died on January 19, 2022.
5. As there is no explanation for the delay distribution of the estate of the deceased Gerald Oginga Orwako, and as the deceased hailed from Ukwala location which is within the geographical jurisdiction of Ukwala Law Courts, within Siaya County, and as the value of the deceased’s estate is minimal, initially estimated at Kshs 100,000 although it may have appreciated with time, I hereby direct that all pending issues in this cause shall be handled by Ukwala Principal Magistrate’s court where this file is hereby forthwith transferred for determination.
6. The Deputy Registrar to submit the file to the Principal Magistrate, Ukwala Law Courts and notify the applicants and the Chief, Ukwala location.
7. I further direct that in all future cases, the Registry must demand for both physical, postal addresses of the Applicants/Respondents as well as the telephone contacts for parties litigating before the court for ease of communication.
8. This file is closed from this court.
9. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF APRIL, 2023R. E. ABURILIJUDGE