[2022] KEHC 651 (KLR)

[2022] KEHC 651 (KLR)

The court found that there was no objection to the petitioner's application for a grant of letters of administration intestate as evidenced by the relevant gazette notice. Consequently, the court issued a temporary grant to the petitioner, with the express condition that the grant shall not be used to distribute or...

Source-derived case information.

Citation
[2022] KEHC 651 (KLR)
Parties
Petitioner: Paul Omondi 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 Issuance of Temporary Grant of Letters of Administration Intestate
Outcome
Temporary grant of letters of administration intestate issued to the petitioner with conditions.
Judges
RE Aburili
Legal Topics
Succession, Letters of Administration, Intestate Estate, Confirmation of Grant
Source Language
en
Family and Children Succession Letters of Administration Intestate Estate Confirmation of Grant

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Parties

Paul Omondi Osewe

Petitioner

Procedural Posture

Succession Cause / Ruling on Issuance of Temporary Grant of Letters of Administration Intestate

Legal Issues

  1. 1 Whether there is any objection to the making of a grant of letters of administration intestate to the petitioner.
  2. 2 Whether the petitioner should be issued with a temporary grant and under what conditions.

Ratio Decidendi

The court found that there was no objection to the petitioner's application for a grant of letters of administration intestate as evidenced by the relevant gazette notice. Consequently, the court issued a temporary grant to the petitioner, with the express condition that the grant shall not be used to distribute or transfer any property of the estate until it is confirmed by the court. The court further directed the petitioner to identify and list all beneficiaries and assets of the estate, and to prepare a schedule of distribution. The petitioner was ordered to apply for confirmation of the grant within 60 days, and the matter was set for mention to confirm compliance.

Court Disposition

Temporary grant of letters of administration intestate issued to the petitioner with conditions.

Orders

  • Temporary grant of letters of administration intestate issued to Paul Omondi Osewe.
  • The grant shall not be used to distribute or transfer any property of the estate until confirmed by the court.