[2020] KEHC 1541 (KLR)
The court determined that, in the interests of justice and to ensure equitable administration of the estate of Nelson Owiti Audi, it was appropriate to appoint Thomas Odhiambo Owiti, Bether Anyango Owiti, Felistas Ondijo Owiti, and Thedeus Ondijo Owiti as co-administrators. This decision was made by consent and in...
Source-derived case information.
- Citation
- [2020] KEHC 1541 (KLR)
- Parties
- Applicant: Thomas Odhiambo Owiti; Applicant: Bether Anyango Owiti; Applicant: Felistas Ondijo Owiti; Applicant: Thedeus Ondijo Owiti; Respondent: Antony Abonyo Owiti; Respondent: Thedeus Ondijo Owiti
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 3 ‘B’ of 2019
- Procedural Posture
- Succession Cause / Ruling on Appointment of Administrators and Issuance of Grant
- Outcome
- Application allowed by consent; co-administrators appointed and grant of letters of administration intestate issued.
- Judges
- RE Aburili
- Legal Topics
- Succession, Letters of Administration, Appointment of Administrators, Intestate Estate, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Odhiambo Owiti
Applicant
Bether Anyango Owiti
Applicant
Felistas Ondijo Owiti
Applicant
Thedeus Ondijo Owiti
Applicant
Antony Abonyo Owiti
Respondent
Thedeus Ondijo Owiti
Respondent
Procedural Posture
Succession Cause / Ruling on Appointment of Administrators and Issuance of Grant
Legal Issues
- 1 Whether the listed individuals should be appointed as co-administrators of the estate of Nelson Owiti Audi.
- 2 Whether the objectors should be incorporated into the administration of the estate to safeguard all beneficiaries' interests.
- 3 Whether a grant of letters of administration intestate should issue in favour of the proposed co-administrators.
Ratio Decidendi
The court determined that, in the interests of justice and to ensure equitable administration of the estate of Nelson Owiti Audi, it was appropriate to appoint Thomas Odhiambo Owiti, Bether Anyango Owiti, Felistas Ondijo Owiti, and Thedeus Ondijo Owiti as co-administrators. This decision was made by consent and in recognition of the need to incorporate the objectors into the administration process, thereby safeguarding the interests of all beneficiaries. The court further noted that the petition had been properly gazetted and that the objectors' inclusion addressed any outstanding objections. The administrators were directed to identify and list all beneficiaries and assets, and to apply...
Court Disposition
Application allowed by consent; co-administrators appointed and grant of letters of administration intestate issued.
Orders
- Thomas Odhiambo Owiti, Bether Anyango Owiti, Felistas Ondijo Owiti, and Thedeus Ondijo Owiti are appointed as co-administrators of the estate of Nelson Owiti Audi.
- A grant of letters of administration intestate is issued in favour of the four named co-administrators.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
SUCCESSION CAUSE NO. 3 ‘B’ OF 2019
IN THE MATTER OF THE ESTATE OF LATE NELSON OWITI AUDI..…..(DECEASED)
IN THE MATTER OF THOMAS OTHIAMBO OWITI...............1ST PETITIONER
BETHER ANYANGO OWITI..........................................................2ND PETITIONER
VERSUS
ANTONY ABONYO OWITI............................................................1ST OBJECTOR
THEDEUS ONDIJO OWITI............................................................2ND OBJECTOR
RULING
1. By consent, the following persons be and are hereby appointed as co-petitioners for grant of letters of administration intestate in respect of the estate of Nelson Owiti Audi (deceased):
(1) Thomas Odhiambo Owiti – Son
(2) Bether Anyango Owito – Daughter
(3) Felistas Ondijo Owiti – Widow
(4) Thedeus Ondijo Owito – Son
2. Consequently, this court hereby appoints Thomas Odhiambo Owiti, Bether Anyango Owiti, Felistas Ondijo Owiti and Thedeus Ondijo Owiti to be co-administrators of the Estate of the deceased Nelson Owiti Audi.
3. As the Petition herein was gazetted on 12/6/2020 vide Gazette Notice No. 3988 of 12/6/2020, and as the Objectors herein have been incorporated in the administration of the estate of the deceased to take care of interests of all the beneficiaries of the estate, a grant of letters of Administration intestate is hereby issued in favour of the above four named co-administrators to administer the estate in accordance with the Law.
4. The administrators to ensure they identify and list all the beneficiaries and assets of the deceased for purposes of distribution to all the eligible beneficiaries and apply for confirmation of the issued grant before elapse of six months from this date.
5. Mention on 17/11/2020 to confirm filing of summons for confirmation of grant.
6. The objection proceedings are hereby spent.
7. Orders accordingly.
Dated, signed and delivered at Siaya this 6th Day of October 2020
R.E. ABURILI
JUDGE