[2021] KEHC 2712 (KLR)
The court found that the petition for grant of letters of administration intestate was properly gazetted and that no objections had been filed within the statutory period. The applicants, being the widow, daughter, and son of the deceased, were entitled to the grant. The court therefore issued the grant to the...
Source-derived case information.
- Citation
- [2021] KEHC 2712 (KLR)
- Parties
- Applicant: Alice Athieno Ougo; Applicant: Lucy Adhiambo Ougo; Applicant: Fred Ougo
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E005 of 2021
- Procedural Posture
- Succession Cause / Grant of Letters of Administration
- Outcome
- Grant of letters of administration intestate issued to the applicants.
- Judges
- RE Aburili
- Legal Topics
- Succession, Grant of Letters of Administration, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alice Athieno Ougo
Applicant
Lucy Adhiambo Ougo
Applicant
Fred Ougo
Applicant
Procedural Posture
Succession Cause / Grant of Letters of Administration
Legal Issues
- 1 Whether the petitioners are entitled to a grant of letters of administration intestate for the estate of the deceased.
- 2 Whether the statutory requirements for gazettement and absence of objection have been met.
Ratio Decidendi
The court found that the petition for grant of letters of administration intestate was properly gazetted and that no objections had been filed within the statutory period. The applicants, being the widow, daughter, and son of the deceased, were entitled to the grant. The court therefore issued the grant to the applicants and directed that they may apply for waiver of the six-month period for confirmation of grant upon identification of all assets, liabilities, beneficiaries, and agreement on the mode of distribution.
Court Disposition
Grant of letters of administration intestate issued to the applicants.
Orders
- Grant of letters of administration intestate issued to Alice Athieno Ougo, Lucy Adhiambo Ougo, and Fred Ougo.
- Petitioners may apply for waiver of the six-month period for confirmation of grant upon compliance with statutory requirements.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
SUCCESSION CAUSE NO. E005 OF 2021
IN THE MATTER OF THE ESTATE OF LATE JONAH HEZEKIAH OUGO (DECEASED)
ALICE ATHIENO OUGO...........................................1ST APPLICANT
LUCY ADHIAMBO OUGO.......................................2ND APPLICANT
FRED OUGO...............................................................3RD APPLICANT
RULING
1. The Petitioners Alice Athieno Ougo, Lucy Adhiambo Ougo and Fred Ougo petitioned for grant of letters of Administration Intestate in respect of the esate of the deceased Jonah Hezekiah Ougo. The petition was gazette vide Gazette Notice No. 8234 dated 13/8/2021.
2. I am satisfied that the Petition was duly gazetted over 60 days ago and that there is no objection to the making of the grant grant. I therefore hereby issue grant to the Petitioners Alice Athieno Ougo, Lucy Odhiambo Ougo and Fred Ougo, all being the deceased’s widow, daughter and son respectively, Petitioners/Administrators may apply for waiver of 6 months to confirm the grant once they have identified all assets, liabilities and listed all beneficiaries and agreed on the mode of distribution of the estate.
3. Mention on 22/11/2021 to confirm filing of summons for confirmation with a prayer for waiver of the six (6) months period.
4. The Registry to notify the Petitioners’ advocates forthwith.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 26TH DAY OF OCTOBER, 2021
R.E. ABURILI
JUDGE