[2023] KEHC 17750 (KLR)
The court found that the confirmation of grant issued on November 16, 2022, was defective because most of the properties listed for distribution were not registered in the name of the deceased, Hesbon Onyuro. This defect warranted the setting aside and vacation of the confirmed grant. To ensure proper administration...
Source-derived case information.
- Citation
- [2023] KEHC 17750 (KLR)
- Parties
- Applicant: Amos Odago; Respondent: Rebecca Onyuro; Respondent: Alexandra Onyuro
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 888 of 2013
- Procedural Posture
- Succession Cause / Ruling on Setting Aside Confirmation of Grant and Appointment of Co Administrators
- Outcome
- Order confirming grant set aside; fresh amended grant to issue; three administrators appointed; directions for filing summons for confirmation of grant.
- Judges
- RE Aburili
- Legal Topics
- Succession, Grant Confirmation, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amos Odago
Applicant
Rebecca Onyuro
Respondent
Alexandra Onyuro
Respondent
Procedural Posture
Succession Cause / Ruling on Setting Aside Confirmation of Grant and Appointment of Co Administrators
Legal Issues
- 1 Whether the confirmation of grant should be set aside where most estate properties are not registered in the deceased's name.
- 2 Whether additional co-administrators should be appointed to administer and distribute the estate.
Ratio Decidendi
The court found that the confirmation of grant issued on November 16, 2022, was defective because most of the properties listed for distribution were not registered in the name of the deceased, Hesbon Onyuro. This defect warranted the setting aside and vacation of the confirmed grant. To ensure proper administration and distribution of the estate, the court appointed two additional beneficiaries, Rebecca Onyuro and Alexandra Onyuro, as co-administrators alongside Amos Okeyo Odago. The administrators were directed to distribute the identified assets and collect and distribute any other assets not yet registered in the deceased's name to all eligible bona fide beneficiaries in accordance...
Court Disposition
Order confirming grant set aside; fresh amended grant to issue; three administrators appointed; directions for filing summons for confirmation of grant.
Orders
- The order confirming the grant issued on November 16, 2022 is set aside and vacated.
- Rebecca Onyuro and Alexandra Onyuro are appointed as co-administrators with Amos Okeyo Odago to administer the estate.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Hesbon Onyuro (Deceased) (Succession Cause 888 of 2013) [2023] KEHC 17750 (KLR) (22 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17750 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 888 of 2013
RE Aburili, J
May 22, 2023
In the matter of
Amos Odago
Applicant
Ruling
1. In view of the new developments that most of the properties which were listed for distribution in respect of the estate of the deceased Hesbon Onyuro are not registered in the name of the deceased Hesbon Onyuro, the order confirming the grant issued on November 16, 2022 be and is hereby set aside and vacated.
2. The court now appoints two more persons who are beneficiaries of the estate of the deceased Hesbon Onyuro namely; Rebecca Onyuro ID No xxxx and Alexandra Onyuro ID No xxxx to be co-administrators with Amos Okeyo Odago ID No xxxx to administer the estate of the deceased, distribute the identified assets as filed in court on May 19, 2023 and collect all other assets of the deceased which were not yet registered in the deceased’s name and distribute it to all the eligible bona fide beneficiaries in accordance with the wishes of the deceased.
3. A fresh amended grant to issue forthwith and the three administrators are hereby granted 30 days within which to file summons for confirmation of the reissued grant.
4. Mention on June 26, 2023 to confirm the filing of the summons for confirmation of the grant.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 22ND DAY OF MAY, 2023R. E. ABURILIJUDGE