[2023] KEHC 17214 (KLR)
The court confirmed the grant reissued to the three applicants after being satisfied that they had agreed to share the estate property, LR No Kisumu/Korando/405, equally. The absence of any contest or objection and the compliance with the requirements of the Law of Succession Act justified the confirmation. The...
Source-derived case information.
- Citation
- [2023] KEHC 17214 (KLR)
- Parties
- Applicant: Florence Ogalo Onyango; Applicant: Julia Atieno Ongany; Applicant: Mary Ogola Onoka; Applicant: Richard Onoka
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 150 of 2015
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant
- Outcome
- Grant confirmed and certificate of confirmation to issue. File closed.
- Judges
- RE Aburili
- Legal Topics
- Succession, Confirmation of Grant, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Florence Ogalo Onyango
Applicant
Julia Atieno Ongany
Applicant
Mary Ogola Onoka
Applicant
Richard Onoka
Applicant
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be confirmed in favour of the applicants.
- 2 Whether the proposed mode of distribution of the estate is acceptable to the court.
Ratio Decidendi
The court confirmed the grant reissued to the three applicants after being satisfied that they had agreed to share the estate property, LR No Kisumu/Korando/405, equally. The absence of any contest or objection and the compliance with the requirements of the Law of Succession Act justified the confirmation. The court directed that a certificate of confirmation issue in their favour, subject to Section 83 of the Act, and ordered the closure of the file.
Court Disposition
Grant confirmed and certificate of confirmation to issue. File closed.
Orders
- The grant reissued to the three applicants is confirmed.
- A certificate of confirmation to issue subject to Section 83 of the Law of Succession Act.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Isabela Mbeda Ongany (Deceased) (Succession Cause 150 of 2015) [2023] KEHC 17214 (KLR) (8 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17214 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 150 of 2015
RE Aburili, J
May 8, 2023
In the matter of
Richard Onoka
Applicant
Ruling
1. On April 18, 2023, this court allowed the prayer for substitution of the deceased Richard Onoka with the applicants herein Florence Ogalo Onyango, Julia Atieno Ongany and Mary Ogola Onoka to administer the estate of the deceased Isabela Mbeda and ordered that a fresh grant to reissue in their favour.
2. The Applicants have now applied for confirmation of the said grant. They have filed a schedule of distribution of the estate being LR No Kisumu/Korando/405 which they have agreed to share equally. I hereby confirm the grant reissued to the three applicants herein and direct that a certificate of confirmation do issue subject to Section 83 of the Law of Succession Act.
3. This file is accordingly closed.
4. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 8TH DAY OF MAY, 2023R. E. ABURILIJUDGE