[2021] KEHC 5572 (KLR)
The court found that the administrator had not yet complied with its previous directions regarding the distribution of the deceased's estate. In the absence of the parties, the court directed the administrator to comply with the law and the court's directions within 21 days, failing which the grant of administration...
Source-derived case information.
- Citation
- [2021] KEHC 5572 (KLR)
- Parties
- Applicant: Elizabeth Dorothy Kokwaro
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1 of 2020
- Procedural Posture
- Succession Cause / Directions on Compliance With Distribution Orders
- Outcome
- directions issued for compliance; warning of possible revocation of grant
- Judges
- RE Aburili
- Legal Topics
- Succession, Grant of Administration, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Dorothy Kokwaro
Applicant
Procedural Posture
Succession Cause / Directions on Compliance With Distribution Orders
Legal Issues
- 1 Whether the administrator has complied with the court's directions on the mode of distribution of the estate.
- 2 What consequences should follow non-compliance with the court's directions.
Ratio Decidendi
The court found that the administrator had not yet complied with its previous directions regarding the distribution of the deceased's estate. In the absence of the parties, the court directed the administrator to comply with the law and the court's directions within 21 days, failing which the grant of administration would be revoked. The court emphasized the administrator's duty to act in accordance with the law and court orders to ensure proper distribution of the estate to all beneficiaries.
Court Disposition
directions issued for compliance; warning of possible revocation of grant
Orders
- The administrator is directed to comply with the law and the court's directions issued on 27/4/2021 within 21 days.
- In default of compliance, the grant issued to the administrator shall be revoked.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
SUCCESSION CAUSE NO. 1 OF 2020
IN THE MATTER OF THE ESTATE OF JOHN ONGAYO KOKWARO (DECEASED)
AND
IN THE MATTER OF APPLICATION BY:
ELIZABETH DOROTHY KOKWARO..............INTENDED ADMINISTRATOR
DIRECTIONS
1. This matter was for mention to confirm if an appropriate mode of distribution of the estate to all the beneficiaries has been done in accordance with the law and as directed by this court on 27/4/2021.
2. The parties were in court the last time both physically and virtually.
3. They are now not present.
4. I direct that the Administrator complies with the law and directions of this court issued on 27/4/2021 within 21 days of today and in default, I shall proceed and revoke the grant issued to her.
5. This order be served upon her forthwith.
6. Mention on 20/7/2021.
7. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 29TH DAY OF JUNE, 2021
R.E. ABURILI
JUDGE