[2024] KEHC 14236 (KLR)
The court confirmed the grant of letters of administration because all beneficiaries of the deceased's estate were present, had filed a schedule of assets, and agreed on the mode of distribution. No protest was filed against the summons for confirmation of grant. The requirements of the Law of Succession Act were...
Source-derived case information.
- Citation
- [2024] KEHC 14236 (KLR)
- Parties
- Applicant: Monica Alello Linda; Applicant: Everline Adhiambo Ayugi; Applicant: Benta Akinyi Ayugi
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E059 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Confirmation of Grant
- Outcome
- grant confirmed; certificate of confirmed grant to issue; file closed subject to filing of accounts
- Judges
- RE Aburili
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monica Alello Linda
Applicant
Everline Adhiambo Ayugi
Applicant
Benta Akinyi Ayugi
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be confirmed in light of the beneficiaries' agreement on the mode of distribution.
- 2 Whether the requirements of the Law of Succession Act regarding identification of assets and beneficiaries have been met.
Ratio Decidendi
The court confirmed the grant of letters of administration because all beneficiaries of the deceased's estate were present, had filed a schedule of assets, and agreed on the mode of distribution. No protest was filed against the summons for confirmation of grant. The requirements of the Law of Succession Act were satisfied: the assets and beneficiaries were identified and listed, and the beneficiaries confirmed their agreement before the court. The court therefore confirmed the grant issued on 17th October 2006 and ordered the certificate of confirmed grant to issue forthwith, subject to the filing of accounts within six months as required by Section 83 of the Law of Succession Act.
Court Disposition
grant confirmed; certificate of confirmed grant to issue; file closed subject to filing of accounts
Orders
- The grant issued on 17th October 2006 to Monica Akello Linda Ayugi, Everlyne Adhiambo Ayugi and Benta Akinyi Ayugi is confirmed.
- Certificate of confirmed grant to issue forthwith.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of James Ayugi Misuba (Deceased) (Miscellaneous Succession Cause E059 of 2024) [2024] KEHC 14236 (KLR) (14 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14236 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E059 of 2024
RE Aburili, J
November 14, 2024
IN THE MATTER OF THE ESTATE OF JAMES AYUGI MISUBA (DECEASED) AND IN THE MATTER OF AN APPLICATION BY MONICA ALELLO LINDA, EVERLINE ADHIAMBO AYUGI and BENTA AKINYI AYUGI - APPLICANTS
(Arising from Kisumu HC Succession Cause No. 113 of 2006)
In the matter of
Monica Alello Linda
1st Applicant
Everline Adhiambo Ayugi
2nd Applicant
Benta Akinyi Ayugi
3rd Applicant
Ruling
1. All the beneficiaries of the estate of the deceased James Ayugi Misuba are present and have filed a schedule of the assets of the estate and mode of distribution of the said estate.
2. The court has interviewed them and they have each confirmed that they have agreed on the mode of distribution of the estate.
3. In the premises, as there is no protest filed on the summons for confirmation of grant dated 8th November 2024 and as the assets in the estate and beneficiaries have been identified and listed, and as all beneficiaries have presented themselves before the court and confirmed the agreement on the mode of distribution of the estate, I hereby confirm the grant issued on 17th October 2006 to Monica Akello Linda Ayugi, Everlyne Adhiambo Ayugi and Benta Akinyi Ayugi.
4. The certificate of confirmed grant to issue forthwith.
5. Subject to Section 83 of the Law of Succession Act on the filing of accounts within 6 months of this date, this file is hereby closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 14TH DAY OF NOVEMBER, 2024. R. E. ABURILIJUDGE