[2022] KEHC 1536 (KLR)
The court confirmed the grant of letters of administration intestate because all administrators and beneficiaries were in agreement regarding the mode of distribution, all assets and beneficiaries were properly identified, and there was no protest to the confirmation. The court found that the requirements of the Law...
Source-derived case information.
- Citation
- [2022] KEHC 1536 (KLR)
- Parties
- Applicant: Jane Aoko Jabedo; Applicant: Sarah Akinyi Jabedo; Applicant: Elizabeth Atieno Jabedo; Applicant: Gregory Isaac Omondi Jabedo
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2 of 2019
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- Grant confirmed and certificate of confirmation to issue. Distribution to be completed within six months.
- Judges
- RE Aburili
- Legal Topics
- Succession, Grant Confirmation, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Aoko Jabedo
Applicant
Sarah Akinyi Jabedo
Applicant
Elizabeth Atieno Jabedo
Applicant
Gregory Isaac Omondi Jabedo
Applicant
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate should be confirmed as per the proposed mode of distribution agreed by all beneficiaries.
- 2 Whether the distribution of the estate complies with the law and all beneficiaries are properly identified.
Ratio Decidendi
The court confirmed the grant of letters of administration intestate because all administrators and beneficiaries were in agreement regarding the mode of distribution, all assets and beneficiaries were properly identified, and there was no protest to the confirmation. The court found that the requirements of the Law of Succession Act had been satisfied and ordered the issuance of a certificate of confirmation, with distribution to be completed within six months in accordance with the law.
Court Disposition
Grant confirmed and certificate of confirmation to issue. Distribution to be completed within six months.
Orders
- The grant issued on 7/10/2019 is confirmed.
- A certificate of confirmation to the said grant to issue forthwith.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
SUCCESSION CAUSE NO. 2 OF 2019
(CORAM R.E. ABURILI – J.)
IN THE MATTER OF THE ESTATE OF THE LATE JAMES JABEDO WINJA (DECEASED)
AND
IN THE MATTER OF A PETITION FOR GRANT OF LETTERS OF ADMINISTRATION INTESTATE
JANE AOKO JABEDO.......................................................................................1ST PETITIONER
SARAH AKINYI JABEDO.................................................................................2ND PETITIONER
ELIZABETH ATIENO JABEDO.......................................................................3RD PETITIONER
GREGORY ISAAC OMONDI JABEDO...........................................................4TH PETITIONER
RULING
1. I have interviewed all the administrators and the beneficiaries of the estate of the late James Jabedo Winja. They have all agreed on the mode of distribution of the vast estate of the deceased as proposed. There is no protest to the confirmation of the grant issue on 7/10/2019.
2. They have listed all the assets of the estate and all the beneficiaries are identified. Accordingly, I hereby confirm the grant issued on 7/10/2019.
3. A certificate of confirmation to the said grant to issue forthwith. Distribution of the estate to be completed within 6 months of today and in accordance with the law.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 8TH DAY OF MARCH, 2022
R.E. ABURILI
JUDGE