[2023] KEHC 2086 (KLR)
The court found that the delay in applying for confirmation of the grant was satisfactorily explained by the applicants, given the complexity and size of the estate and the need for consensus among numerous beneficiaries. The court was satisfied that all beneficiaries and assets had been identified and that a...
Source-derived case information.
- Citation
- [2023] KEHC 2086 (KLR)
- Parties
- Applicant: Fredrick Otieno; Applicant: Solomon Oduor Onyango; Applicant: George Ogutu Onyango; Applicant: Nobbert Jude Oduor Onyango
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 222 of 2013
- Procedural Posture
- Succession Cause / Ruling on Application for Reinstatement and Confirmation of Grant
- Outcome
- Application for reinstatement allowed; grant confirmed; orders for distribution and filing of accounts issued.
- Judges
- RE Aburili
- Legal Topics
- Succession, Confirmation of Grant, Administration of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Otieno
Applicant
Solomon Oduor Onyango
Applicant
George Ogutu Onyango
Applicant
Nobbert Jude Oduor Onyango
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Reinstatement and Confirmation of Grant
Legal Issues
- 1 Whether the cause should be reinstated after dismissal for delay in applying for confirmation of grant.
- 2 Whether the delay in seeking confirmation of grant was sufficiently explained.
- 3 Whether the beneficiaries and assets of the estate have been properly identified and the mode of distribution agreed upon.
Ratio Decidendi
The court found that the delay in applying for confirmation of the grant was satisfactorily explained by the applicants, given the complexity and size of the estate and the need for consensus among numerous beneficiaries. The court was satisfied that all beneficiaries and assets had been identified and that a consent on the mode of distribution had been reached. Consequently, the court set aside the previous order dismissing the cause, reinstated the succession cause, and confirmed the grant of letters of administration intestate. The court ordered that the estate be distributed within six months and that accounts be filed by a specified date, in compliance with the Law of Succession Act.
Court Disposition
Application for reinstatement allowed; grant confirmed; orders for distribution and filing of accounts issued.
Orders
- Order of 9/4/2018 dismissing the succession cause is set aside.
- Succession cause is reinstated.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of James Lucas Onyango (Deceased) (Succession Cause 222 of 2013) [2023] KEHC 2086 (KLR) (13 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2086 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 222 of 2013
RE Aburili, J
March 13, 2023
IN THE MATTER OF THE ESTATE OF JAMES LUCAS ONYANGO alias JAMES LUKAS ONYANGO alias JAMES LUKAS HENRY ONYANGO -------------------------------------------------------------------DECEASED AND IN THE APPLICTION BY
In the matter of
Fredrick Otieno
1st Applicant
Solomon Oduor Onyango
2nd Applicant
George Ogutu Onyango
3rd Applicant
Nobbert Jude Oduor Onyango
4th Applicant
Ruling
1. I have considered the application for reinstatement of the dismissed cause herein, the grounds and supporting affidavit sworn by Norbert Jude Onyango Advocate and upon hearing the sad deponent who is also one of the administrators of the estate of the deceased on the reasons for the delay in applying for confirmation of the grant issued on November 15, 2017 leading to the dismissal of the cause herein on 9/4/2018 on the court’s own motion, I am satisfied that the delay is explained as the estate is big and involves many beneficiaries who were still agreeing on the mode of distribution of the estate. I hereby allow the application dated 2/12/2021. I set aside the order of 9/4/2018 dismissing this succession cause and reinstate the succession cause. I make no orders as to costs.
2. Having reinstated the cause herein, and upon hearing counsel for the Administrators and interviewing some of the beneficiaries as above, I am satisfied that the beneficiaries of the estate are identified and that all the assets of the estate are listed and the mode of distribution of the estate agreed upon as per the signed consent.
3. Accordingly, I hereby confirm the grant of letters of administration intestate issued to the administrators on November 15, 2017. A certificate of confirmation to issue forthwith. The entire estate to be distributed fully within six (6) months of today and accounts be filed into this court on or before September 18, 2023 pursuant to Section 83 of the Law of Succession Act.
4. Mention on September 18, 2023.
5. I so order.
Dated, Signed and Delivered at Kisumu this 13th Day of March, 2022R. E. ABURILIJUDGEPage 2 of 2