[2024] KEHC 413 (KLR)
The court found that there was no protest or objection to the confirmation of the grant. The proposed mode of distribution, as set out in the Further Affidavit, was in accordance with the law and ensured that the sole asset of the estate would be distributed equally among the deceased's children, with the share of...
Source-derived case information.
- Citation
- [2024] KEHC 413 (KLR)
- Parties
- Applicant: Evelyne Awino Apiyo; Respondent: Maurice Juma Nyabola
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 682 of 2011
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant
- Outcome
- grant confirmed; estate to be distributed as proposed; administrator to file accounts; file closed
- Judges
- RE Aburili
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate, Minor Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evelyne Awino Apiyo
Applicant
Maurice Juma Nyabola
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant
Legal Issues
- 1 Whether the grant of representation should be confirmed in favour of the petitioner.
- 2 How the sole asset of the estate should be distributed among the beneficiaries, including a minor child.
- 3 Whether the administrator should be required to file accounts of the estate.
Ratio Decidendi
The court found that there was no protest or objection to the confirmation of the grant. The proposed mode of distribution, as set out in the Further Affidavit, was in accordance with the law and ensured that the sole asset of the estate would be distributed equally among the deceased's children, with the share of the minor child held in trust. The court confirmed the grant in favour of the petitioner and ordered that the administrator file true and accurate accounts of the estate within six months.
Court Disposition
grant confirmed; estate to be distributed as proposed; administrator to file accounts; file closed
Orders
- The grant issued to Evelyne Awino Apiyo is confirmed to administer and distribute the estate as proposed.
- The sole asset, Kisumu/Nyalenda ‘A’/1606, shall be distributed in equal shares among the children of the deceased, with the minor's share held in trust.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Hezbon Onyango Nyabola (Deceased) (Succession Cause 682 of 2011) [2024] KEHC 413 (KLR) (24 January 2024) (Ruling)
Neutral citation: [2024] KEHC 413 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 682 of 2011
RE Aburili, J
January 24, 2024
IN THE MATTER OF THE ESTATE OF HEZBON ONYANGO NYABOLA (DECEASED) AND IN THE MATTER OF EVELYNE AWINO APIYO.....................1ST PETITIONER/PROTESTOR VERSUS MAURICE JUMA NYABOLA.....................................2ND PETITIONER
Ruling
1. There is no protest filed to challenge the confirmation of grant in this matter. Accordingly, the grant issued to the Petitioner Evelyne Awino Apiyo is hereby confirmed in her favour to administer and distribute estate of the deceased Hezbon Onyango Nyabola in accordance with the law and in the manner proposed in paragraph 4 of the Further Affidavit.
2. As there is a minor child in the estate, the sole asset of the estate being Kisumu/Nyalenda ‘A’/1606 shall be distributed in equal shares between the children of the deceased and shall be registered in the names of Evelyne Awino Apiyo, the adult children Faith Sally Atieno, Mary Auma Onyango and Phoebe Achieng Onyango for their own benefit and for the benefit of and in trust of the minor Washington Okal Onyango.
3. A certificate of confirmation of grant to issue forthwith.
4. The administrator shall file into court a true and accurate accounts of the estate within six (6) months of today.
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF JANUARY, 2024R.E. ABURILIJUDGE