[2023] KEHC 18634 (KLR)
The court found that all beneficiaries, including the married daughters, had been consulted and had agreed to the proposed mode of distribution, with the married daughters expressly renouncing their shares through affidavits. The administrator complied with the court's direction to file a fresh schedule of...
Source-derived case information.
- Citation
- [2023] KEHC 18634 (KLR)
- Parties
- Applicant: Lucas Oloo Awiti
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 517 of 2000
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant
- Outcome
- grant confirmed and orders issued for completion of administration and filing of accounts
- Judges
- RE Aburili
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate, Renunciation of Share
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucas Oloo Awiti
Applicant
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be confirmed as per the proposed schedule of distribution.
- 2 Whether the interests of all beneficiaries, including married daughters who have renounced their shares, have been adequately addressed.
- 3 Whether the administrator should be directed to complete administration and file accounts in compliance with the Law of Succession Act.
Ratio Decidendi
The court found that all beneficiaries, including the married daughters, had been consulted and had agreed to the proposed mode of distribution, with the married daughters expressly renouncing their shares through affidavits. The administrator complied with the court's direction to file a fresh schedule of distribution reflecting these positions. The court was satisfied that the interests of all surviving beneficiaries were taken into account. Accordingly, the court confirmed the grant of letters of administration and ordered the issuance of a certificate of confirmation of grant upon submission of a tabulated schedule of distribution. The administrator was further directed to complete...
Court Disposition
grant confirmed and orders issued for completion of administration and filing of accounts
Orders
- The grant issued on October 26, 2000 is confirmed.
- A certificate of confirmation of grant to issue upon counsel supplying the court with the schedule of distribution in tabulated format forthwith.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Nyateng Muga Oluoch (Deceased) (Succession Cause 517 of 2000) [2023] KEHC 18634 (KLR) (5 June 2023) (Ruling)
Neutral citation: [2023] KEHC 18634 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 517 of 2000
RE Aburili, J
June 5, 2023
IN THE MATTER OF THE ESTATE OF: NYATENG MUGA OLUOCH (DECEASED)
In the matter of
Lucas Oloo Awiti
Applicant
Ruling
1. I have considered the summons for confirmation of grant dated April 19, 2018. The grant was issued to the Petitioner herein on October 26, 2000 to administer the estate of the deceased Nyateng Muga Oluoch.
2. The beneficiaries attended court on May 17, 2023 and were interviewed by this court. They all agreed to the mode of distribution of the estate as proposed in the then annexed schedule of distribution. However, the married daughters stated that they were not interested in the share of the estate and they have subsequently filed their affidavits of renunciation on May 30, 2023.
3. This court then directed the administrator to file a fresh schedule of distribution of the estate of the deceased which was filed on June 2, 2023 vide supplementary affidavit.
4. I have considered the fresh schedule which takes into account the interests of all the surviving beneficiaries.
5. I hereby confirm the grant issued on October 26, 2000 and order that a certificate of confirmation of grant do issue upon counsel supplying the court with the schedule of distribution in a tabulated format forthwith.
6. The administrator to complete the process of administration of the estate within six (6) months of today and file into court a true and accurate account of the estate of the deceased in accordance with Section 83 of the Law of Succession Act.
7. File closed.
Dated, Signed and Delivered at Kisumu this 5thDay of June, 2023R. E. ABURILIJUDGEPage 2 of 2