[2019] KEHC 7660 (KLR)
The court found that the objectors did not provide any reasons for their opposition to the confirmation of the grant. Since the proposal by the petitioners was supported by the other beneficiaries and the objectors failed to substantiate their opposition, the court was persuaded to confirm the grant in accordance...
Source-derived case information.
- Citation
- [2019] KEHC 7660 (KLR)
- Parties
- Applicant: Jonathan Harrisson Onyango Sanya; Applicant: Pascalia Awuori Ojiambo; Respondent: Humphreys Ojuolo Ojiambo; Respondent: Patrick Wanga Ojiambo
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 282 of 2014
- Procedural Posture
- Probate and Administration / Ruling on Confirmation of Grant
- Outcome
- Grant confirmed as per petitioners' amended application. Petitioners to distribute estate and render account within six months; failure to do so will result in automatic revocation of the grant.
- Judges
- KW Kiarie
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jonathan Harrisson Onyango Sanya
Applicant
Pascalia Awuori Ojiambo
Applicant
Humphreys Ojuolo Ojiambo
Respondent
Patrick Wanga Ojiambo
Respondent
Procedural Posture
Probate and Administration / Ruling on Confirmation of Grant
Legal Issues
- 1 Whether the grant of representation should be confirmed as per the petitioners' proposal.
- 2 Whether the objectors have provided valid reasons to oppose the confirmation of the grant.
Ratio Decidendi
The court found that the objectors did not provide any reasons for their opposition to the confirmation of the grant. Since the proposal by the petitioners was supported by the other beneficiaries and the objectors failed to substantiate their opposition, the court was persuaded to confirm the grant in accordance with the petitioners' amended application. The court emphasized that mere opposition without reasons is insufficient to prevent confirmation of a grant.
Court Disposition
Grant confirmed as per petitioners' amended application. Petitioners to distribute estate and render account within six months; failure to do so will result in automatic revocation of the grant.
Orders
- The grant is confirmed in terms of the amended application dated 20th February 2019.
- Petitioners to distribute the estate and render account within six months from the date of the ruling.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUSIA
PROBATE & ADMINSTRATION NO. 282 OF 2014
IN THE MATTER OF THE ESTATE OF:
JOSECK OJIAMBO..................................................................DECEASED
BETWEEN
JONATHAN HARRISSON
ONYANGO SANYA................................1ST PETITIONER/ APPLICANT
PASCALIA AWUORI OJIAMBO.........2ND PETITIONER/APPLICANT
AND
HUMPHREYS OJUOLO OJIAMBO...1ST OBJECTOR/RESPONDENT
PATRICK WANGA OJIAMBO............2ND OBJECTOR/RESPONDENT
RULING
1. When the petitioners herein applied for the confirmation of the grant, the two respondents objected to the proposed distribution.
2. Other than redistributing the estate according to their proposal, they have not given any reason as to why they do not agree with the proposal of the petitioners.
3. I am persuaded to go by the proposal of the petitioners for the same is supported by the other beneficiaries except the objectors whose reasons for opposing the confirmation has not been stated for my consideration. One cannot just oppose a confirmation without giving reasons for doing so.
4. I therefore make an order for the confirmation of the grant in terms of the amended application of grant dated 20th February 2019. The petitioners are given six months from the date of this ruling to distribute the estate of the deceased and render account of the same. Failure to do so, the grant will be automatically revoked. Each party will meet own costs.
DELIVERED and SIGNED at BUSIA this 21st day of May, 2019
KIARIE WAWERU KIARIE
JUDGE