[2024] KEHC 13730 (KLR)
The court found that the applicant had provided satisfactory explanations in both the supporting and further affidavits regarding the confirmation of grant and the distribution of the estate. There was no substantive opposition to the summons for confirmation, and the submissions made from the bar by the objectors'...
Source-derived case information.
- Citation
- [2024] KEHC 13730 (KLR)
- Parties
- Applicant: George Ojwang Owiny; Respondent: 5th and 6th Objectors; Respondent: 3rd and 4th Objectors; Respondent: Rose Atieno Njenga
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 14 of 2019
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant and Application for Extension of Time
- Outcome
- grant confirmed; estate to be distributed as per schedule; bank account signatory to be updated; mention date set to confirm distribution
- Judges
- MS Shariff
- Legal Topics
- Succession, Confirmation of Grant, Omitted Assets, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Ojwang Owiny
Applicant
5th and 6th Objectors
Respondent
3rd and 4th Objectors
Respondent
Rose Atieno Njenga
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant and Application for Extension of Time
Legal Issues
- 1 Whether the summons for confirmation of grant dated 16th September 2024 should be confirmed.
- 2 Whether the 5th and 6th Objectors should be granted more time to provide evidence of omitted properties.
Ratio Decidendi
The court found that the applicant had provided satisfactory explanations in both the supporting and further affidavits regarding the confirmation of grant and the distribution of the estate. There was no substantive opposition to the summons for confirmation, and the submissions made from the bar by the objectors' counsel were deemed to have no probative value. Consequently, the court confirmed the grant and ordered the distribution of the estate as per the annexed schedule. The court also directed the relevant bank to update the account signatory and set a mention date to confirm distribution.
Court Disposition
grant confirmed; estate to be distributed as per schedule; bank account signatory to be updated; mention date set to confirm distribution
Orders
- The grant is hereby confirmed and the estate of the deceased shall be distributed as per the schedule/mode of distribution annexed to the application dated 16.9.2024.
- Messrs Co-operative Bank Kisumu Branch is directed to remove the name of Regina Odero Pundo forthwith and replace it with Rose Atieno Njenga in account No. 0119287XXXX.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Getrude Anyango Owiny alias Getrude M Anyang (Deceased) (Succession Cause 14 of 2019) [2024] KEHC 13730 (KLR) (28 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13730 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 14 of 2019
MS Shariff, J
October 28, 2024
IN THE MATTER OF THE ESTATE OF GETRUDE ANYANGO OWINY alias GETRUDE M. ANYANGO (DECEASED) IN THE MATTER OF AN APPLICATION BY GEORGE OJWANG OWINY
In the matter of
George Ojwang Owiny
Applicant
Ruling
1. I have considered the application made by Ms. Onyango counsel for 5th and 6th Objectors for leave to extend time within which they are to adduce proof of omission of some assets of the deceased.
2. I have also considered the rival submissions of Mrs. Asuna for the 3rd and 4th Objectors, Mr. Maua Counsel for Rose Atieno Njenga (an administrator) and Mr. George Ojwang Owiny another administrator and the issue that emerges for consideration is whether the summons for confirmation of grant dated 16th September 2024 and supported by supporting affidavit of George Ojwang Owiny sworn on even date and the further affidavit sworn on 24th September 2024, should be confirmed or whether the 5th and 6th Objectors should be accorded more time to provide evidence of omitted properties.
3. I have perused the supporting affidavit and the further affidavit of George Ojwang Owiny and I am satisfied with the explanation tendered both in the affidavits and in his oral submissions.
4. I do agree with Mr. Maua that Ms. Otieno’s submissions (as made on her behalf by Mr. Onyango) from the bar have no probative value and in the absence of any opposition to the summons I do hereby allow it and make the following orders:1. This grant is hereby confirmed and the estate of the deceased shall be distributed as per the schedule/mode of distribution annexed to this application dated 16. 9.2024. 2.An order is hereby made directing Messrs Co-operative Bank Kisumu Branch to remove the name of Regina Odero Pundo forthwith and replace it with Rose Atieno Njenga, in account No. 0119287XXXX.3. Mention on 5. 5.2025 to confirm distribution.
DATED, SIGNED AND DELIVERED THIS 28TH DAY OF OCTOBER, 2024. M. S. SHARIFFJUDGE