[2024] KEHC 4761 (KLR)
The court found that the applicants, as the sole beneficiaries and administrators of the deceased's estate, had agreed to share the previously omitted parcel No. Kisumu/Nyalenda ‘A’/181 equally. There were no objections to the application for revocation and amendment of the grant. The omission of the asset was due...
Source-derived case information.
- Citation
- [2024] KEHC 4761 (KLR)
- Parties
- Applicant: Martha Anyango; Applicant: Linet Akinyi Abila
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E014 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Summons for Revocation and Amendment of Grant
- Outcome
- application allowed; amended grant to issue; estate to be shared equally; file closed
- Judges
- RE Aburili
- Legal Topics
- Succession, Revocation of Grant, Confirmation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martha Anyango
Applicant
Linet Akinyi Abila
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Summons for Revocation and Amendment of Grant
Legal Issues
- 1 Whether the grant issued and confirmed in favour of the applicants should be revoked or amended to include parcel No. Kisumu/Nyalenda ‘A’/181.
- 2 Whether the applicants, as sole beneficiaries, are entitled to equal distribution of the newly included asset.
Ratio Decidendi
The court found that the applicants, as the sole beneficiaries and administrators of the deceased's estate, had agreed to share the previously omitted parcel No. Kisumu/Nyalenda ‘A’/181 equally. There were no objections to the application for revocation and amendment of the grant. The omission of the asset was due to a pending dispute, which has since been resolved, allowing for its inclusion in the estate. The court exercised its discretion under the Law of Succession Act to allow the application, order the issuance of an amended certificate of confirmation of grant, and direct that the asset be shared equally between the applicants. The administration of the estate was thereby...
Court Disposition
application allowed; amended grant to issue; estate to be shared equally; file closed
Orders
- A fresh certificate of confirmation of grant to issue, including parcel No. Kisumu/Nyalenda ‘A’/181 as an asset of the deceased.
- Parcel No. Kisumu/Nyalenda ‘A’/181 to be shared equally between Martha Anyango and Linet Akinyi Abila.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Isaac Abila Abila alias Isaka Abila Abila - Deceased (Miscellaneous Succession Cause E014 of 2024) [2024] KEHC 4761 (KLR) (15 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4761 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E014 of 2024
RE Aburili, J
April 15, 2024
Ruling
1. I have considered the summons for revocation of grant issued to the Petitioners herein Martha Anyango and Linet Akinyi Abila who are the sole beneficiaries of the estate of Isaac Abila Abila alias Isaka Abila Abila.
2. I have considered the grounds and supporting affidavit by the Applicants/administrators of the estate sworn on 15th February 2024 and the annextures thereof.
3. This matter is from original Succession Cause No. 294 of 2014. I observe that the parcel No. L.R Kisumu/Nyalenda A/181 was left out of the succession process because it had a pending dispute before Kisumu Chief Magistrate ELC No. 234 of 2018 hence it could not be distributed.
4. The grant was issued on 4th July 2014 and confirmed on 13th March 2015 in favour of the Applicants herein who agreed to share the estate equally.
5. They have also agreed to share the named parcel No. Kisumu/Nyalenda ‘A’/181 equally.
6. As there are no objections to the orders sought which are intended to conclude the administration of the deceased’s estate and distribute the assets to the bona fide beneficiaries, I allow the application dated 1st February 2024.
7. I order that a fresh certificate of confirmation of grant do issue as amended certificate of confirmation of grant adding parcel No. LR. Kisumu/Nyalenda ‘A’/181 to the list of assets of the deceased to be shared equally between the two beneficiaries Martha Anyango and Linet Akinyi Abila who are also the sole beneficiaries and administratices of the estate of the deceased Isaac Abila Abila alias Isaka Abila Abila.
8. Subject to Section 83 of the Law of Succession Act, this file is hereby closed.
9. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15TH DAY OF APRIL, 2024R. E. ABURILIJUDGE