[2022] KEHC 3074 (KLR)

[2022] KEHC 3074 (KLR)

The court found that the petitioners had complied with the statutory requirements for issuance of a temporary grant of letters of administration intestate, including publication of the requisite gazette notices and the absence of any objection. Accordingly, the court issued the grant to the petitioners, but...

Source-derived case information.

Citation
[2022] KEHC 3074 (KLR)
Parties
Applicant: Ascah Amondi Ogara; Applicant: Richard Ogendo
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Succession Cause E006 of 2021
Procedural Posture
Succession Cause / Ruling on Issuance of Temporary Grant of Letters of Administration
Outcome
Temporary grant of letters of administration intestate issued to the petitioners, with restrictions on distribution pending confirmation.
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

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ascah Amondi Ogara

Applicant

Richard Ogendo

Applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether a temporary grant of letters of administration intestate should be issued to the petitioners in the absence of any objection.
  2. 2 Whether the grant should be restricted from being used for distribution of estate property until confirmation by the court.
  3. 3 Whether the petitioners should be directed to file summons for confirmation of grant within a specified period.

Ratio Decidendi

The court found that the petitioners had complied with the statutory requirements for issuance of a temporary grant of letters of administration intestate, including publication of the requisite gazette notices and the absence of any objection. Accordingly, the court issued the grant to the petitioners, but expressly restricted its use to administration only, prohibiting distribution of estate property until confirmation of the grant. The court further directed the petitioners to file summons for confirmation of grant within 60 days, listing all beneficiaries and assets, and to provide a schedule of distribution. The matter was set for mention to confirm compliance.

Court Disposition

Temporary grant of letters of administration intestate issued to the petitioners, with restrictions on distribution pending confirmation.

Orders

  • A temporary grant of letters of Administration intestate in respect of the estate of the deceased Tom Onyango Ogendo is issued to Ascah Amondi Ogara and Richard Ogendo.
  • The grant shall not be used for distribution of any property in the Estate until it is confirmed by this court.