[2024] KEHC 7371 (KLR)
The court found that all beneficiaries of the estate of Mabel Okwisa Omondi had been identified and had consented to the proposed mode of distribution as set out in the affidavit of the administrator, Julius Omondi Nyabundi. The court was satisfied that the requirements for confirmation of grant under the Law of...
Source-derived case information.
- Citation
- [2024] KEHC 7371 (KLR)
- Parties
- Applicant: Julius Omondi Nyabundi; Respondent: Vivian Lynette Alividza
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E014 of 2023
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- grant confirmed and certificate of confirmation to issue; administrator to account within six months; file closed subject to compliance
- Judges
- RE Aburili
- Legal Topics
- Succession, Confirmation of Grant, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Omondi Nyabundi
Applicant
Vivian Lynette Alividza
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration issued to Julius Omondi Nyabundi should be confirmed.
- 2 Whether all beneficiaries have consented to the proposed mode of distribution of the estate.
- 3 Whether the administrator is required to render a full and accurate account of the estate after distribution.
Ratio Decidendi
The court found that all beneficiaries of the estate of Mabel Okwisa Omondi had been identified and had consented to the proposed mode of distribution as set out in the affidavit of the administrator, Julius Omondi Nyabundi. The court was satisfied that the requirements for confirmation of grant under the Law of Succession Act had been met, including the involvement and consent of all beneficiaries. The court therefore confirmed the grant issued on 7th November 2023 in favour of Julius Omondi Nyabundi and ordered that a certificate of confirmation of grant be issued. The administrator was further directed to comply with Section 83 of the Law of Succession Act by rendering a full and...
Court Disposition
grant confirmed and certificate of confirmation to issue; administrator to account within six months; file closed subject to compliance
Orders
- The grant issued on 7th November 2023 in favour of Julius Omondi Nyabundi is confirmed.
- A certificate of confirmation of grant shall issue to Julius Omondi Nyabundi.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Mabel Okwisa Omondi - Deceased (Succession Cause E014 of 2023) [2024] KEHC 7371 (KLR) (14 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7371 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause E014 of 2023
RE Aburili, J
June 14, 2024
IN THE MATTER OF THE ESTATE OF MABEL OKWISA OMONDI - (DECEASED) AND IN THE MATTER OF APPLICATION BY JULIUS OMONDI NYABUNDI – APPLICANT
Ruling
1. I have considered the summons for confirmation of grant dated 20th May 2024, the grounds, supporting affidavit, consent on the mode of distribution of the estate and the schedule as contained in the affidavit, listing all the assets of the estate of the deceased Mabel Okwisa Omondi.
2. I have interviewed the beneficiary Ms. Vivian Lynette Alividza and she confirms being involved in the succession process and signing of the consent allowing her father Julius Omondi Nyabundi to be the sole administrator and to have the grant confirmed and the estate distributed in the manner proposed.
3. Accordingly, as all the beneficiaries of the estate of the deceased Mabel Okwisa Omondi have been identified and have agreed on the mode of distribution of the estate of the deceased as stated in the affidavit of the administrator Julius Omondi Nyabundi, I hereby confirm the grant issued on 7th November 2023 in favour of Julius Omondi Nyabundi and order that a certificate of confirmation of the said grant do issue.
4. The Administrator shall comply with Section 83 of the Law of Succession Act by rendering into court a full and accurate account of the estate upon full distribution within six (6) months of today.
5. Subject to the above condition, this file is now closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 14TH DAY OF JUNE, 2024R. E. ABURILIJUDGE