[2025] KEHC 3114 (KLR)
The court found that the consent on distribution dated 25/10/2024, filed by the parties after mediation, complied with all previous directions and resolved the outstanding issues regarding the estate's assets. The court therefore adopted the consent as an order, revoked the previous grant of letters of...
Source-derived case information.
- Citation
- [2025] KEHC 3114 (KLR)
- Parties
- Applicant: Julius Okongo Hadulo
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 603 of 2003
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant and Adoption of Consent on Distribution
- Outcome
- Consent on distribution adopted; previous grant revoked; fresh grant issued and confirmed; estate to be distributed as per consent.
- Judges
- SC Chirchir
- Legal Topics
- Succession, Confirmation of Grant, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Julius Okongo Hadulo
Applicant
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Adoption of Consent on Distribution
Legal Issues
- 1 Whether the consent on distribution dated 25/10/2024 complies with the court's directions for distribution of the estate assets.
- 2 Whether the grant of letters of administration should be revoked and a fresh grant issued to Julius Okongo Hadulo.
- 3 Whether the estate should be distributed as per the filed consent.
Ratio Decidendi
The court found that the consent on distribution dated 25/10/2024, filed by the parties after mediation, complied with all previous directions and resolved the outstanding issues regarding the estate's assets. The court therefore adopted the consent as an order, revoked the previous grant of letters of administration, and issued a fresh grant to Julius Okongo Hadulo, confirming the distribution of the estate as per the consent. The decision was grounded in the principle that a valid consent among beneficiaries, once confirmed to comply with the law and court directions, is binding and may be adopted to conclude succession proceedings.
Court Disposition
Consent on distribution adopted; previous grant revoked; fresh grant issued and confirmed; estate to be distributed as per consent.
Orders
- The consent on distribution dated 25/10/2024 is adopted as an order of the court.
- The grant of letters of administration issued on 16/7/2015 is revoked.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Ismael Hadulo Ojee (Deceased) (Succession Cause 603 of 2003) [2025] KEHC 3114 (KLR) (13 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3114 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Cause 603 of 2003
SC Chirchir, J
March 13, 2025
In the matter of
Julius Okongo Hadulo
Petitioner
Ruling
1. The Administrator herein filed summons for confirmation of grant dated 15/3/2017. The confirmation proceedings were referred for resolution before a mediator.
2. The parties came up with an agreement on 28/11/2019 which was adopted by the court on 2/12/2019. The said consent however did not address the sharing of the Assets of the estate which were provided as Plot No. 129 ,Lumbao Market and land Parcel No. Bussoto/Indanyala/227. Consequently, the parties were referred back to the mediator. A third reference to mediation was necessitated when there was lack of clarity on the sizes allocated to some beneficiaries.
3. The parties finally filed the consent on distribution dated 25/10/2024 and filed in court the same day. I reserve the adoption of the consent for purposes of confirming whether the consent had complied with the various directions that the court had earlier given. And having confirmed compliance , I hereby proceed to make orders as follows:a).The consent on distribution dated 25/10/2024 is adopted as an order of the court.b).consequently the grant of letter of administration issued on 16/7/2015 is hereby revoked.c).A fresh grant of letters of Administration to issue to Julius Okongo of P.O Box 1405 Kakamega.d).The grant referred to in (c) above is hereby confirmed.e).The distribution of the estate as per page 1 and 2 of the consent dated 25/10/2024.
DATED, SIGNED AND DELIVERED VIRTUALLY AT ISIOLO THIS 13 TH DAY OF MARCH 2025. S CHIRCHIRJUDGE.In the presence of:Godwin Luyundi- Court Assistant