[2022] KEHC 13418 (KLR)
The court found that all beneficiaries of the estate of Japheth Agola Osewe had been identified and had consented to the proposed and modified mode of distribution of the estate. There was no objection or protest to the summons for confirmation of grant. The court, having ensured that the distribution was agreed...
Source-derived case information.
- Citation
- [2022] KEHC 13418 (KLR)
- Parties
- Applicant: Paul Omondi Osewe; Respondent: Domitilla Ojuka Akinyi; Respondent: John Otieno Daniel; Respondent: Johana Owiro Osewe
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2 of 2021
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- Summons for confirmation of grant allowed; grant confirmed; estate to be distributed as per the agreed and modified schedule.
- Judges
- RE Aburili
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate, Consent of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Omondi Osewe
Applicant
Domitilla Ojuka Akinyi
Respondent
John Otieno Daniel
Respondent
Johana Owiro Osewe
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate should be confirmed as prayed by the administrator.
- 2 Whether the proposed and modified mode of distribution of the estate is acceptable to all beneficiaries.
Ratio Decidendi
The court found that all beneficiaries of the estate of Japheth Agola Osewe had been identified and had consented to the proposed and modified mode of distribution of the estate. There was no objection or protest to the summons for confirmation of grant. The court, having ensured that the distribution was agreed upon by all parties and that the shares were clearly apportioned, confirmed the grant and ordered the distribution of the estate as per the schedule, with a certificate of confirmation to be issued and the process to be completed within 90 days.
Court Disposition
Summons for confirmation of grant allowed; grant confirmed; estate to be distributed as per the agreed and modified schedule.
Orders
- The grant of letters of administration intestate issued on May 23, 2022 is confirmed.
- The estate shall be distributed in accordance with the modified schedule agreed by all beneficiaries.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Japheth Agola Osewe (Deceased) (Succession Cause 2 of 2021) [2022] KEHC 13418 (KLR) (5 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13418 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 2 of 2021
RE Aburili, J
October 5, 2022
Ruling
1. By summons for confirmation of grant dated August 18, 2022, the administrator of the estate of the late Japheth Agola Osewe, who is Mr Paul Omondi Osewe prays that the grant of letters of admission intestate issue to him on May 23, 2022 be confirmed and the estate be divided in terms of the annexed purposed mode of distribution.
2. The summons are supported by an affidavit sworn by Paul Omondi Osewe on August 18, 2022. The said summons are further supported by the various consents signed by each of the remainder 3 beneficiaries, accepting the annexed schedule on the mode of distribution of the estate.
3. Besides the administrator herein, the other beneficiaries as named are Domitilla Ojuka Akinyi - Widow, John Otieno Daniel - Son, and Johana Owiro Osewe - son.
4. There are also other persons who are not direct beneficiaries of the estate of the deceased but the beneficiaries have agreed to distribute the estate as per schedule, with Jecton Onea being one of the beneficiaries in Bondo Agwara Village land.
5. The court interviewed each of the beneficiaries online and they are agreed on the mode of distribution of the state as per the filed schedule save that the said schedule was modified by consent upon intervention by the court to the extent that all the Kisumu Mamboleo Plots in LR No 15343/10-20 were redistributed to each of the beneficiaries as follows:a.Plots 15343/10, 11 &12 to go to Osewe Owiro Johana.b.Plots 15343/13 & 14 to go to Domitilla Akinyi Ojuka.c.Plots 15343/15 & 16 to go to John Daniel Otieno.d.Plots 15343/17, 18, 19 & 20 to go to Paul Omondi Osewe.
6. As there was no objection or protest to the distribution of the estate of the deceased Japheth Agola Osewe as proposed in the attached schedule and as modified by consent, all beneficiaries and their respective shares having been identified and listed, I hereby allow the summons for confirmation of grant issued on May 23, 2022 and confirm the said grant.
7. A certificate of confirmation of grant, apportioning the listed shares to each beneficiary in a schedule to be appended to the said certificate of confirmation of grant.
8. The distribution of the estate to be completed within the next 90 days of this date. Mention on January 30, 2023 to confirm completion of this process and for closure of this file. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 5TH DAY OF OCTOBER, 2022R E ABURILIJUDGE