[2023] KEHC 25967 (KLR)

[2023] KEHC 25967 (KLR)

The court determined that, due to the unavailability of land records relating to the estate of Luke Owuor Ochido, it was necessary to direct the Land Registrar, Kisumu County, to file an affidavit clarifying the status of the register for the estate's immovable properties. This step is essential to enable the court...

Source-derived case information.

Citation
[2023] KEHC 25967 (KLR)
Parties
Applicant: Philipa Amulo Ochido; Respondent: Margaret Achieng Kaseje
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Probate & Administration E015 of 2021
Procedural Posture
Probate and Administration / Ruling on Directions Regarding Tracing of Land Records and Progression of Succession Cause
Outcome
Directions issued for Land Registrar to file affidavit; beneficiaries to work out distribution formula; mention date set.
Judges
RE Aburili
Legal Topics
Succession, Letters of Administration, Estate Distribution, Land Records, Confirmation of Grant
Source Language
en
Family and Children Succession Letters of Administration Estate Distribution Land Records Confirmation of Grant

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Parties

Philipa Amulo Ochido

Applicant

Margaret Achieng Kaseje

Respondent

Procedural Posture

Probate and Administration / Ruling on Directions Regarding Tracing of Land Records and Progression of Succession Cause

Legal Issues

  1. 1 Whether the court should issue directions regarding the tracing or reconstruction of land records relating to the estate of the deceased.
  2. 2 What steps should be taken to facilitate the progression of the succession cause to its logical conclusion.

Ratio Decidendi

The court determined that, due to the unavailability of land records relating to the estate of Luke Owuor Ochido, it was necessary to direct the Land Registrar, Kisumu County, to file an affidavit clarifying the status of the register for the estate's immovable properties. This step is essential to enable the court to issue appropriate directions and ensure the succession cause progresses to its logical conclusion. The court further directed the beneficiaries to work out a formula for the distribution of the estate to facilitate the process of filing summons for confirmation of grant. The matter was set for mention to confirm compliance and for further directions.

Court Disposition

Directions issued for Land Registrar to file affidavit; beneficiaries to work out distribution formula; mention date set.

Orders

  • The Land Registrar, Kisumu County, shall file into court an affidavit on the situation of the Register relating to the estate immovable properties of Luke Owuor Ochido within fourteen (14) days.
  • Beneficiaries of the estate are to work out a formula of distribution of the estate to facilitate the process of filing of summons for confirmation of the grant.