[2024] KEHC 2146 (KLR)
The court found that all beneficiaries of the deceased's estate are adults and have consented to the confirmation of the grant and the proposed schedule of distribution. There was no dispute regarding entitlement. The inclusion of insurance benefits in the schedule was clarified: since the beneficiaries are now...
Source-derived case information.
- Citation
- [2024] KEHC 2146 (KLR)
- Parties
- Applicant: Moses Abungu Amoko
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 44 of 2009
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- grant confirmed; estate distributed as per consent; file closed
- Judges
- RE Aburili
- Legal Topics
- Succession, Confirmation of Grant, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Abungu Amoko
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate issued to the petitioner should be confirmed.
- 2 Whether the inclusion of insurance benefits in the schedule of distribution is proper given the beneficiaries are now adults and not petitioners.
Ratio Decidendi
The court found that all beneficiaries of the deceased's estate are adults and have consented to the confirmation of the grant and the proposed schedule of distribution. There was no dispute regarding entitlement. The inclusion of insurance benefits in the schedule was clarified: since the beneficiaries are now adults and not petitioners, they must claim directly from the insurance companies. The court confirmed the grant issued to the petitioner and ordered that the certificate of confirmation reflect the petitioner as the sole beneficiary of the death gratuity. The matter was closed subject to the administrator's compliance with Section 83 of the Law of Succession Act.
Court Disposition
grant confirmed; estate distributed as per consent; file closed
Orders
- The grant issued to Moses Abungu Amoko on 22nd April 2009 is confirmed.
- The certificate of confirmation shall reflect the petitioner as the sole beneficiary of the death gratuity.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Joan Achieng Otieno (Deceased) (Succession Cause 44 of 2009) [2024] KEHC 2146 (KLR) (5 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2146 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 44 of 2009
RE Aburili, J
March 5, 2024
IN THE MATTER OF THE ESTATE OF JOAN ACHIENG OTIENO – DECEASED AND IN THE MATTER OF AN APPLICATION BY MOSES ABUNGU AMOKO..........................................PETITIONER
Ruling
1. On 22nd April 2009, the court issued a grant of letters of Administration Intestate of the estate of the late Joan Achieng Otieno to Moses Abungu Amoko.
2. That grant was never confirmed.
3. Vide summons for confirmation of grant dated 6th March 2023, the Petitioner filed for confirmation of grant. The beneficiaries of the estate of the deceased are all adults and they filed a consent dated 6th March 2023 to the confirmation.
4. It however occurred that in the consent to schedule of distribution of the estate, Insurance benefits were included whose beneficiaries are children of the deceased but who are now adults and what is required of them is to simply lodge their claims with the insurance companies since they are not the petitioners in this cause.
5. As there is no dispute on who should benefit from the estate of the deceased Joan Achieng Otieno, I hereby confirm the grant issued to Moses Abungu Amoko on 22nd April 2009.
6. In the schedule of distribution of the estate, the certificate of confirmation shall reflect the Petitioner as the sole beneficiary of the death gratuity.
7. This file is closed subject to Section 83 of the Law of Succession Act.
8. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 5TH DAY OF MARCH, 2024R. E. ABURILIJUDGE