[2024] KEHC 6342 (KLR)
The court found that all beneficiaries were present and in agreement with the proposed mode of distribution of the deceased's estate, as evidenced by their appearance in court and confirmation of the draft filed on 3/6/2024. The previous revocation of the grant was due to inaction, but the beneficiaries' proactive...
Source-derived case information.
- Citation
- [2024] KEHC 6342 (KLR)
- Parties
- MISSING: Leposo Ole Saoli (Deceased); Applicant: All beneficiaries (names not specified)
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 541 of 2010
- Procedural Posture
- Succession Cause / Ruling on Application to Set Aside Revocation of Grant and Confirm Mode of Distribution
- Outcome
- application allowed; grant confirmed; mode of distribution approved
- Judges
- PN Gichohi
- Legal Topics
- Succession, Confirmation of Grant, Revocation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
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Parties
Leposo Ole Saoli (Deceased)
MISSING
All beneficiaries (names not specified)
Applicant
Procedural Posture
Succession Cause / Ruling on Application to Set Aside Revocation of Grant and Confirm Mode of Distribution
Legal Issues
- 1 Whether the orders revoking the grant issued on 5/8/2018 should be set aside.
- 2 Whether the proposed mode of distribution filed on 3/6/2024 should be approved as the final mode of distribution.
Ratio Decidendi
The court found that all beneficiaries were present and in agreement with the proposed mode of distribution of the deceased's estate, as evidenced by their appearance in court and confirmation of the draft filed on 3/6/2024. The previous revocation of the grant was due to inaction, but the beneficiaries' proactive steps and consensus justified setting aside the revocation order. The court approved the draft mode of distribution as the final arrangement, confirmed the grant accordingly, and scheduled a mention to confirm full distribution and closure of the file.
Court Disposition
application allowed; grant confirmed; mode of distribution approved
Orders
- The application dated 26/9/2023 is allowed; the orders issued on 5/8/2018 revoking the grant are set aside.
- The mode of distribution filed on 3/6/2024 is approved as the final mode of distribution.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Leposo Ole Saoli (Deceased) (Succession Cause 541 of 2010) [2024] KEHC 6342 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6342 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 541 of 2010
PN Gichohi, J
June 3, 2024
Ruling
1. The court has seen all beneficiaries in court, one being online from USA and all the others present physically in open court.
2. Each has confirmed the mode of distribution filed as a draft on 3/6/2024 with directions by this court.
3. The grant had earlier been revoked by court for inaction by the parties.
4. This led to the filing of application dated 26/9/2023 for setting aside of the said orders issued on 5/8/2018.
5. It was through abundance of caution that the Advocate on record not only filed the draft proposed mode of distribution of property, but also availed all beneficiaries to court to confirm they are in agreement.
6. They are appreciated for being pro-active, and having cohesion in their family.
7. For those reasons, the application dated 26/9/2023 be and is hereby allowed in that the orders issued on 5/8/2018 revoking the grant be and are hereby set aside.
8. The mode of distribution as proposed in the draft filed on 3/6/2024 be and is hereby approved as final mode of distribution.
9. The property of the deceased herein be distributed as therein consented by all parties.
10. The grant be confirmed accordingly.
11. Mention on 23/10/2024 to confirm full distribution of the property and therefore closing the file.
Dated, signed and delivered at Nakuru this 3rd Day of June, 2024. PATRICIA GICHOHIJUDGEIn the presence of:All parties.Ruto - Court Assistant.RULING NAKURU HIGH COURT SUCCESSION CAUSE NO. 541 OF 2010 0