[2023] KEHC 17398 (KLR)
The court confirmed the grant after being satisfied that the revised schedule of distribution properly addressed the issue of shares previously allocated to deceased beneficiaries. The shares of Martin Adiyo and Fredrick Amolo are to be held in trust by Perez Akinyi Adiyo and Margaret Anyango, respectively, for the...
Source-derived case information.
- Citation
- [2023] KEHC 17398 (KLR)
- Parties
- Applicant: Jack Wagude Onege; Applicant: William Omondi Odhiambo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 712 of 2010
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant
- Outcome
- grant confirmed; certificate of confirmation to issue; administrators to file accounts within six months; file closed
- Judges
- RE Aburili
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate, Trusteeship of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jack Wagude Onege
Applicant
William Omondi Odhiambo
Applicant
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant
Legal Issues
- 1 Whether the grant of representation should be confirmed given that shares of the estate were previously assigned to deceased beneficiaries.
- 2 How the shares of deceased beneficiaries should be distributed among surviving family members.
Ratio Decidendi
The court confirmed the grant after being satisfied that the revised schedule of distribution properly addressed the issue of shares previously allocated to deceased beneficiaries. The shares of Martin Adiyo and Fredrick Amolo are to be held in trust by Perez Akinyi Adiyo and Margaret Anyango, respectively, for the benefit of the families and children of the deceased. The administrators are directed to administer the estate in accordance with the confirmed grant and to file accurate accounts within six months, as required by law. The court thereby ensures compliance with the Law of Succession Act and the equitable distribution of the estate to living beneficiaries or their representatives.
Court Disposition
grant confirmed; certificate of confirmation to issue; administrators to file accounts within six months; file closed
Orders
- The grant issued on 3rd December 2018 is confirmed.
- A certificate of confirmation of grant to issue forthwith as per the schedule filed on 4th May 2023 and in accordance with this Ruling.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of Noah Onege Amolo (Deceased) (Succession Cause 712 of 2010) [2023] KEHC 17398 (KLR) (15 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17398 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 712 of 2010
RE Aburili, J
May 15, 2023
IN THE MATTER OF ESTATE OF: NOAH ONEGE AMOLO
In the matter of
Jack Wagude Onege
1st Applicant
William Omondi Odhiambo
2nd Applicant
Ruling
1. On 25th April 2023 when this matter came up for confirmation of the grant, the court observed that the administrators had assigned shares of the estate to beneficiaries of the estate who were deceased.
2. The deceased beneficiaries are Martin Adiyo and Fredrick Amolo. The court then directed that a fresh schedule of distribution of the estate be filed identifying persons who will take up the shares of the deceased beneficiaries.
3. A fresh schedule of distribution of the estate has been filed. The shares of Martin Adiyo shall now be held by Perez Akinyi Adiyo in trust for all the family and children of the later Martin Adiyo while the share for Fredrick Amolo shall be held by Margaret Anyango in trust for the family and children of the late Fredrick Amolo.
4. I hereby confirm the grant issued on 3rd December 2018.
5. A certificate of confirmation of grant to issue forthwith as per the schedule filed on 4th May 2023 and in accordance with this Ruling.
6. Administrators to administer the deceased’s estate and file a true and accurate accounts of the estate within six (6) months of this Ruling; in accordance with Section 83 of the Law of Succession Act.
7. This File is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15TH DAY OF MAY, 2023R. E. ABURILIJUDGE