[2025] KEHC 9010 (KLR)
The court found that all beneficiaries, being the six children of the deceased, had signed a consent to the proposed mode of distribution and confirmed their agreement in court. There was no disagreement among the parties. Accordingly, the court allowed the summons for confirmation of grant and confirmed the grant...
Source-derived case information.
- Citation
- [2025] KEHC 9010 (KLR)
- Parties
- Applicant: Noel Atemi Ongusi; Respondent: Six children of the deceased
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E19 of 2020
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- Summons for confirmation of grant allowed; grant confirmed; file finalised.
- Judges
- PN Gichohi
- Legal Topics
- Confirmation 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
Noel Atemi Ongusi
Applicant
Six children of the deceased
Respondent
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration issued to Noel Atemi Ongusi should be confirmed as per the summons dated 2/10/2023.
- 2 Whether the proposed mode of distribution has the consent of all beneficiaries.
Ratio Decidendi
The court found that all beneficiaries, being the six children of the deceased, had signed a consent to the proposed mode of distribution and confirmed their agreement in court. There was no disagreement among the parties. Accordingly, the court allowed the summons for confirmation of grant and confirmed the grant of letters of administration issued to Noel Atemi Ongusi. The court commended the parties for their cohesion and marked the file as finalised.
Court Disposition
Summons for confirmation of grant allowed; grant confirmed; file finalised.
Orders
- The summons dated 2/10/2023 is allowed.
- The grant of letters of administration granted to Noel Atemi Ongusi on 25/1/2021 is confirmed.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of Hamza Habil Otondo (Deceased) (Succession Cause E19 of 2020) [2025] KEHC 9010 (KLR) (23 June 2025) (Ruling)
Neutral citation: [2025] KEHC 9010 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause E19 of 2020
PN Gichohi, J
June 23, 2025
IN THE MATTER OF THE ESTATE OF THE LATE HAMZA HABIL OTONDO (DECEASED)
In the matter of
Noel Atemi Ongusi
Administrator
Ruling
1. What was coming up today is the Summons dated 2/10/2023 seeking that the Grant issued to Noel Atemi Ongusi on 25/1/2021 be confirmed.
2. The Court has noted the mode of distribution as stated in the Supporting Affidavit sworn by Noel Atemi Ongusi (Administrator).
3. The Court has noted the consent signed by the six children of the deceased. They have all attended Court with their mother Noel Atemi Ongusi and confirm their signatures on the said consent. It signifies their agreement on the mode of distribution.
4. In the circumstances and there being no disagreement, the summons dated 2/10/2023 be and is hereby allowed in that the Grant of Letters of Administration granted to Noel Atemi Ongusi on 25/1/2021 be and is hereby confirmed.
5. Parties are commended for cohesion in their family.
6. The file is hereby marked as finalised.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 23RD DAY OF JUNE, 2025. PATRICIA GICHOHIJUDGEIn the presence of:Ms Kiprop for Petitioner.All beneficiaries.Ruto, Court Assistant