[2023] KEHC 25190 (KLR)
The court directed that a fresh certificate of confirmation of grant be issued in accordance with the consent of the parties, recognizing the binding nature of the consent filed on June 23, 2010. The administrators are mandated to distribute the estate as per the consent and the reissued certificate, and to file a...
Source-derived case information.
- Citation
- [2023] KEHC 25190 (KLR)
- Parties
- Applicant: Grace Akinyi Ajwang; Applicant: Richard Ogendo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 213 of 1991
- Procedural Posture
- Succession Cause / Directions on Distribution and Filing of Accounts
- Outcome
- Directions issued for fresh certificate of confirmation of grant and filing of accounts; file closed pending 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
Grace Akinyi Ajwang
Applicant
Richard Ogendo
Applicant
Procedural Posture
Succession Cause / Directions on Distribution and Filing of Accounts
Legal Issues
- 1 Whether a fresh certificate of confirmation of grant should issue in accordance with the consent filed by the parties.
- 2 Whether the administrators should be directed to distribute the estate and file accounts within a specified period.
Ratio Decidendi
The court directed that a fresh certificate of confirmation of grant be issued in accordance with the consent of the parties, recognizing the binding nature of the consent filed on June 23, 2010. The administrators are mandated to distribute the estate as per the consent and the reissued certificate, and to file a true and accurate account of the distribution within six months. The directions are grounded in the Law of Succession Act, particularly section 83, which imposes duties on administrators to account for the administration of the estate. The file is closed pending compliance with the filing of accounts, reflecting the court's satisfaction that the matter of distribution is settled...
Court Disposition
Directions issued for fresh certificate of confirmation of grant and filing of accounts; file closed pending compliance.
Orders
- A fresh certificate of confirmation of grant to issue in accordance with the consent dated June 17, 2010 and filed on June 23, 2010.
- Administrators to distribute the estate in accordance with the consent and reissued certificate of confirmation of grant.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Manson Ogendo Bodo - Deceased (Succession Cause 213 of 1991) [2023] KEHC 25190 (KLR) (30 October 2023) (Directions)
Neutral citation: [2023] KEHC 25190 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 213 of 1991
RE Aburili, J
October 30, 2023
IN THE MATTER OF THE ESTATE OF MANASON OGENDO BODO – DECEASED AND IN THE MATTER OF AN APPLICATION BY GRACE AKINYI AJWANG AND RICHARD OGENDO-------APPLICANTS/ADMINISTRATORS
Directions
1. I direct that a fresh certificate of confirmation of grant do issue in accordance with the consent dated June 17, 2010 and filed on June 23, 2010.
2. Accordingly, the Administrators to ensure the estate of the deceased is distributed in accordance with the said consent and reissued certificate of confirmation of grant and that within 6 months of today, they file into this court a true and accurate account of the distribution of the estate of the deceased.
3. Pending the filing of accounts pursuant to section 83 of the Law of Succession Act, this file is closed.
4. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 30TH DAY OF OCTOBER, 2023. R. E. ABURILIJUDGE